Pensioner Awarded RM100,000 After 7 Years Of Golf Balls Hitting His Home

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A government pensioner has been awarded RM100,000 in damages after enduring nearly seven years of golf balls landing on his property in Bandar Darulaman, Jitra, Kedah

According to FMT, the Alor Setar High Court ruled today, 24 September, that golf course operator BDB Darulaman Golf & Resort Bhd and landowner BDB Land Sdn Bhd were jointly and severally liable for private nuisance.

"Operating a golf course is a lawful business, (but) it cannot be conducted in a manner that unreasonably infringes upon the basic safety and property rights of neighbouring homeowners," Judicial Commissioner Aimi Zaini Azhar said in his 21-page judgment.

The court also ordered the defendants to take further measures to prevent golf balls from entering the pensioner's property.

The defendants were given 60 days to raise and extend the safety netting near Hole 7, review the positioning of tee markers and the line of play, install prominent safety warning signs, and implement any further measures necessary to stop golf balls from entering the property.

Nazli Ahmad Mahyadin, 61, moved into his home in December 2018. His residence is near Tee Box 7, which serves a par-four hole.

Between August 2019 and January 2026, Nazli lodged 16 police reports and made repeated complaints to the golf club's management after stray golf balls allegedly cracked roof tiles, punctured the roof of his poultry coop, struck exterior walls, and shattered a glass window.

Seven neighbouring residents also testified about similar incidents.

The judge said the evidence was overwhelming, including police reports, photographs, WhatsApp messages, a local authority directive, and witness testimony

"The invasion was not an isolated or passing inconvenience; it was a persistent, multi-year state of affairs," Aimi said.

He added that operating a golf course immediately beside a residential boundary carried an "obvious, foreseeable risk of off-target shots entering private yards".

While the court found that private nuisance had been established, it rejected Nazli's claim that the repeated golf ball incidents amounted to trespass, as the balls had been struck by individual golfers rather than directly propelled by the defendants.

The judge added that while the defendants had installed safety netting near Tee Box 7 in December 2020, measuring 28 by 80 feet, which was raised and expanded to 40 by 122 feet in 2024, it was "reactive, delayed, and demonstrably ineffective".

BDB Land was also held liable despite arguing that it had no day-to-day control over the golf course

The judge noted that BDB Land was the operator's immediate holding company, had participated in discussions over safety net upgrades, and had itself developed and sold the residential lots adjoining the golf course.

The court dismissed Nazli's claims for special, exemplary, and aggravated damages.

The defendants were also ordered to pay RM20,000 in costs.