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2016 MarsdenLR 49

COURT OF APPEAL PUTRAJAYA
HAJI SAARI SUNGIB – Appellant
Versus
PEMEGANG AMANAH LEMBAGA ZAKAT SELANGOR (MAIS) BERDAFTAR & ANOR – Respondent


Table of Content
1. context of libel concerning statements about zakat funds. (Para 1 , 4 , 5 , 6)
2. statutory bodies and defamation link. (Para 2 , 3 , 21)
3. defense considerations of qualified privilege. (Para 9 , 10 , 30 , 31)
4. criteria for determining defamation. (Para 11 , 12 , 29)
5. outcome and ruling of the court. (Para 36)
Abdul Aziz Abdul Rahim JCA:

[1] This is an appeal by the appellant (defendant in the High Court) against the decision by the learned Suraya Othman J given on 14 May 2013 at High Court, Shah Alam allowing the respondents' (plaintiffs in the High Court) claim in libel against the appellant. In her decision, the learned judge ordered the appellant to pay general damages in the sum of RM200,000.00 to the respondents. She also awarded the respondents RM100,000.00 as aggravated damages. All judgment sums were to carry interest at 8% per annum from date of judgment until full realisation. In addition, the learned judge also ordered that an injunction be issued to the appellant, his agent or servant from continuing to publish or causing to be published any defamatory statements of the respondents. Costs of RM30,000.00 was awarded to the respondents as well.

[2] The

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