This was an action for damages against the respondent for assault and battery. The learned magistrate after a lull hearing dismissed the plaintiff's claim with costs. The appellant is dissatisfied with his decision, hence this appeal.

Briefly the facts are as follows. The appellant ("the plaintiff) was a businessman who ran a coffee shop under the style and name of "Kedai Kopi New Wah Hong" at U0091, Jalan Orang Kaya Kaya Awang Besar, W.P. Labuan. The respondent ("the defendant") was a taxi driver. On 3.5.2005 at about 12.30 p.m. the plaintiff discovered that the tyre of his car which was parked behind his shop was punctured. The space where he parked his car was meant for taxis only but since he worked at the coffee shop he parked his car there. He asked his workers who punctured the tyre. Before his workers could answer the defendant walked towards him and shouted "you talking about me?!" in Mandarin. Apparently the defendant had taken offence to the question. Before the plaintiff could even react the defendant gave him a solid punch in the right eye causing him to fall to the ground. After he fell down the defendant continued to punch and kick him all over his body incl