Chong Siew Fai CJ (Sabah & Sarawak):

This appeal concerns a claim by the 1st plaintiff/appellant in the High Court in Johor Bahru for damages arising out of a collision between his car driven by his driver, the 2nd plaintiff, in which he was a passenger and a lorry belonging to the 1st defendant/respondent and driven by the 2nd defendant/ respondent, the servant and/or agent of the 1st defendant. The appellant claimed for general and special damages totaling over RM4 million. After a full trial of the action, the learned trial Judge found the respondents solely liable but awarded the appellant only RM9,200 for special damages and RM53,200 for general damages totaling RM62,400. Against the decision the appellant appeals. The judgment was handed down on 26 February 1994 and notice of appeal was filed on 19 March 1994.

At the commencement of the appeal, Counsel for the respondents raised a preliminary objection on the propriety of the appeal contending that since the amount awarded was less than RM100,000 the appellant must first obtain leave under s. 68(1)(a) of the Courts of Judicature Act 1964 ('the Act') before bringing this appeal, which the appellant did not.

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