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1979 MarsdenLR 108

OCJ KUALA LUMPUR
AJA PETER – Appellant
Versus
OG NIO & ORS – Respondent


JUDGMENT

Abdul Hamid J:

[1] The claim is for damages for libel contained in: --

(a) an article in "Pacemaker" news publication of the 3rd defendant of June 10, 1970;

(b) a letter of July 27, 1970 by the 2nd defendant Lian Eng Siong; and

(c) a letter of September 22, 1970 by the 1st defendant O.C. Nio with a leaflet enclosed therewith entitled "How to identify a Twister".

[2] The plaintiff was in the employ of the 3rd defendant as part-time agent before he resigned on July 15, 1970. At the time of resignation he was an agency supervisor. The 1st defendant Nio was at all material times 3rd defendant's agency supervisor. He later became Unit Manager. The 2nd defendant was the Vice-President of the 3rd defendant company.

[3] It is alleged and admitted by the defendants that the plaintiff joined the company as part-time agent. He was appointed agency organizer under the 1st defendant (agency supervisor) as from January 1, 1969 and was promoted agency supervisor with effect from January 1970.

[4] It is also alleged and the defendants further admitted that in the official publication called "Pacemaker" of May 8, 1970 there appeared the following passage: --

"Off-shoots of NIO Unit the newly promot

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