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2024 MarsdenLR 1165

HIGH COURT MALAYA SEREMBAN
CHE SUHAIMAH MAT SAMAN & ANOR – Appellant
Versus
SARJAN SYAFINAZ & ORS – Respondent


Petitioner Advocates:Mohaji Selamat,Muhammad Asif Zahari ,Respondent Advocate: Norfauzani Mohd Nordin,Syahriah Shapiee

JUDGMENT

Azizul Azmi Adnan J:

Introduction

Background

[1] The plaintiffs in this case commenced this writ action in connection with the death of their son, Mohamad Anuris Ilham bin Anuar. Anuris was a police trainee at the Air Hitam Police Training Centre (Pulapol Air Hitam), located in Jempol, Negeri Sembilan.

[2] It was the plaintiffs' case that Anuris had suffered injuries while undergoing a self-defence class at Pulapol Air Hitam and that those injuries had led to his death. He was just 22 years old at the time.

The Causes Of Action Against The Defendants

[3] The pleaded causes of action against the defendants were battery, negligence, breach of statutory duty and misfeasance in public office.

[4] The first defendant, Sarjan Syafinaz binti Othman was the instructor for self-defence classes in Pulapol Air Hitam. It was the plaintiffs' case that Sarjan Syafinaz had caused the injury that had led to the death of Anuris. The plaintiffs also allege that the Sarjan Syafinaz had carried out the self-defence training in a negligent manner.

[5] The second defendant, Mohammad Faisol bin Yusoff, was the orderly for D Company at Pulapol Air Hitam. He was responsible for, among others, the health an


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