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2023 MarsdenLR 219

HIGH COURT SABAH & SARAWAK KOTA KINABALU
ROTHAR @ LOTHAR MICHAEL – Appellant
Versus
GODFREY URIH DAYA & ANOR – Respondent


Petitioner Advocates:Lim Chun Yuan ,Respondent Advocate: Chong Kian Ming

Table of Content
1. plaintiff asserts defamation based on facebook statements. (Para 1 , 3 , 5)
2. defendants argue technical objections to pleadings. (Para 7 , 12)
3. court finds statements were defamatory. (Para 19 , 23)
4. the plaintiff awarded damages and injunction. (Para 70)
JUDGEMENT

Introduction

[1] This is an action by the Plaintiff for defamation which arose from the publication of statements by the Defendants found on the Defendants' Facebook page on or about 24 September 2019.

[2] The Defendants disputed the claim and raise the defence of fair comment and justification. The following witnesses from both sides had been called to testify and they are:

Facts of the Case

[3] Briefly, the Plaintiff's claims against the 1st and 2nd Defendants is premised on the cause of action of defamation. The statements uttered by both the Defendants are found on the 1st Defendant's Facebook wall on 24 September 2019 in respect of the appointment of one, Thirteen Sodoi as the head master of Sekolah Rendah St. Patrick, Membakut, Sabah.

[4] Parties agreed to adduce the following agreed facts which are reproduced from SAF as follows:

a. At the material time, the Plaintiff was (and still is) a Deputy Cha

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