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2022 MarsdenLR 16

HIGH COURT MALAYA KUALA LUMPUR
ONG YEW TEIK – Appellant
Versus
KAMAL YP TAN & ORS – Respondent


Petitioner Advocates:Dato Seri Rajan Navaratnam,Tay Yikuan ,Respondent Advocate: Robert Low,Karen Yong,Khong Mei Yan

JUDGMENT

Mohd Arief Emran Arifin JC:

A. Introduction

[1] The plaintiff's claims against the defendants are based on the following torts:

1.1 The defendants had committed fraud and perjured themselves at the earlier trial in the civil suit no: S5-22-1333- 2007 (1333 suit) at the expense of the plaintiff and to cause damage and loss to the plaintiff concerning his claim under the said 1333 suit.

1.2 The defendants had conspired by fabricating evidence, creating false facts and evidence presented at the 1333 suit to cause damage and loss to the plaintiff concerning his claim under the said 1333 suit.

1.3 The defendants had committed the tort of abuse of process based on the same acts of alleged fraud, perjury, fabrication of evidence and creating false evidence to prevent the Plaintiff from exercising his rights and obtaining redress from the Courts.

1.4 The 1st defendant had committed the tort of malicious prosecution based on the same acts of alleged fraud, perjury, fabrication of evidence and creating false evidence to prevent the plaintiff from exercising his rights and obtaining redress from the Courts.

[2] Particulars of the claim by the plaintiff against the defendants can be seen in t


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