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2023 MarsdenLR 380

HIGH COURT MALAYA PULAU PINANG
AMRAN ISMAIL & ANOR – Appellant
Versus
HABIBAH ISMAIL & ORS – Respondent


Petitioner Advocates:Bharathi Sinnathamby ,Respondent Advocate: Muhammad Firdaus Abd Razak

Table of Content
1. appeal from defamation suit regarding counterclaim. (Para 1 , 4 , 5)
2. allegations of slander and libel among family members. (Para 9 , 11 , 13)
3. application of order for joining additional party. (Para 14 , 15 , 18)
Kenneth St James JC:

(Joinder Of Parties: Application To Add A Party)

Prelusion

[1] This is an Appeal from the Sessions Court (SC). The suit in the SC is a defamation suit (Suit). The Plaintiffs sues the Defendants for slander. The Defendants mounts a Counterclaim. The Counterclaim is for libel.

[2] In their Counterclaim, the Defendants wish to add Mohamad Bin Saad as a party, as he too has a cause of action for libel against the Plaintiffs, based on the same material facts.

[3] The Defendants filed an Application under O 15 r 6 of the Rules Of 2012 ( ROC ) to add Mohamad Bin Saad into the Counterclaim so that he becomes a party to the Suit.

[4] By Order dated 5 July 2022, the SC allowed the Defendants' joinder Application. The Plaintiffs were not pleased with the SC's Order. They appeal to the High Court. That is the Appeal before me.

The Relationship Among The Parties

[5] The parties are family members. I will describe the relationship among the family m

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