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2004 MarsdenLR 925

HIGH COURT MALAYA, SEREMBAN
TAN CHIN WOH – Appellant
Versus
ZULKARNAIN DATO SHEIKH AHMAD & 2 ORS – Respondent


JUDGMENT

[ENCLOSURES (41) AND (42)]

I. APPEALS

The plaintiff has lodged two notices of appeal viz. enclosures (41) and (42) against two decisions made by the learned registrar on 18 September 2001, allowing with costs :-

1. the first defendant's application under O. 18 r. 19(1)(b) or (d) of the Rules of the High 1980 to strike out the plaintiff's claim against the first defendant; and

2. the second defendant's application to set aside the service of the writ of summons herein on the second defendant and to delete the second defendant as a party hereto.

For brevity, a reference to an order and a rule hereinafter shall be a reference to that order and rule in the Rules of the High 1980 .

II. FACTUAL BACKGROUND

As far as the first defendant is concerned, the plaintiff's statement of claim is founded on alleged libel and slander (hereinafter referred to as "the defamation action") against, inter alia , the first defendant as the President, Council of the Justices of the Peace, State of Negeri Sembilan.

The averments in the statement of claim run into some 28 pages. At this juncture of the interlocutory appeal, it is inappropriate for me to delve upon or embark on a critical or minute examina


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