Gopal Sri Ram & Mahadev Shankar JJCA:

[1] This is an appeal against the dismissal of a claim for damages for personal injury. The appellant is referred hereafter as the plaintiff.

[2] On 17 November 1976 the plaintiff was a detainee at the Pulau Jerejak Detention Camp. The first defendant (hereafter referred to as Samy) was a Prison Warden holding the rank of Corporal. It is common ground that whilst under the supervision of Samy, the plaintiff climbed a coconut tree from which he fell, sustaining severe injury to his spinal cord with resulting paralysis of both legs and loss of bladder and bowel control.

[3] The plaintiff testified that he had no experience in climbing coconut trees. He said that on the day in question he and his brother and another two detainees, one of whom named Rajendran were called out by Samy to do some work in the immediate vicinity of a Hindu "Temple". On reaching the "Temple", the plaintiff said that Samy ordered him to climb the tree and pluck the coconuts. The plaintiff said that the discipline in the camp was such that disobedience attracted severe punishment. So he climbed the tree as instructed but he lost his hold in the course of plucking the