Pensioner who endured seven years of golf balls hitting his home finally wins RM100,000 from Jitra resort

In a significant legal victory for a 61-year-old pensioner, Nazli Ahmad Mahyadin, a court in Alor Setar has awarded him RM100,000 in damages after seven years of relentless golf balls striking his Bandar Darulaman bungalow. The decision, rendered by Judicial Commissioner Aimi Zaini Azhar at the Alor Setar High Court, held BDB Darulaman Golf & Resort Bhd and BDB Land Sdn Bhd jointly and severally responsible for the private nuisance.

The court emphasized that while running a golf course is a legitimate business, it cannot be conducted in a manner that infringes upon the safety and property rights of neighboring homeowners.

Pensioner Nazli had moved into his adjacent home in December 2018 and reported 16 incidents to the police and management complaints over errant golf shots, causing damage to his property, including a shattered window, cracked roof tiles, and punctured poultry coop. Seven neighbors also shared similar experiences. The court emphasized that the invasion was not isolated but a persistent, multi-year issue, stating that operating adjacent to a residential boundary carries an obvious and foreseeable risk of off-target shots entering private yards.

Despite installing safety netting in 2020 and expanding it in 2024, the court deemed it as reactive, delayed, and ineffective.

The defendants were ordered to enhance safety measures, including installing additional netting, reviewing tee markers and the line of play, erecting warning signs, and implementing all necessary steps to prevent golf balls from entering the property. The court dismissed Nazli's claims for special, exemplary, and aggravated damages but ordered the defendants to pay RM20,000 in costs.