A three-member bench chaired by Justice Azhahari Kamal Ramli said Mashitah Abdul Rahim and Naquib Abd Halim had proven their case on the balance of probabilities.

He said under Rule 28 of the General Orders (Chapter E), one is required to seek permission before entering the premises of civil servants.

“It was established that such permission was not sought from the couple by the government before allowing a contractor to carry out renovations.

“There is an appellate error that warrants our intervention,” he said in setting aside a High Court ruling that affirmed the finding of the Seremban sessions court.

Azhahari, however, dismissed the couple’s claim for special damages as they could not prove losses to their property.

Justices Ahmad Kamal Shahid and K Muniandy also heard the appeal.

The bench awarded the couple RM30,000 in general damages and ordered the government to pay RM20,000 in costs as well.

In the suit filed in 2022, the couple named the Kuala Pilah education department and the government as defendants.

The couple, with three children, lived in the SMK Senaling quarters between May 2010 and December 2019. They paid a monthly rent of RM40.

In June 2019, they bought a house. Under government rules, civil servants must vacate their quarters if their new home is within 25km of their workplace.

However, they left behind some items in the quarters which were to be moved at a later date.

In December 2019, Naquib discovered that the quarters were being renovated by a government-appointed contractor and the main door had been left unlocked. Some belongings were found to be missing.

The couple lodged a complaint with the district education department, but no action was taken.

They later filed a police report, stating that they lost some private documents, research papers, and souvenirs.

Lawyers G Visvanathan Nair and Nurfatin Amirah Shaari represented the couple while senior federal counsel Amalina Zanal Mokhtar and federal counsel Shafiq Sazalli appeared for the government.