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2023 MarsdenLR 1680

HIGH COURT SABAH & SARAWAK KOTA KINABALU
RUSIAH SABDARIN & ORS – Appellant
Versus
MOHD JAINAL JAMRAN & ORS – Respondent


Petitioner Advocates:Sherzali H Asli ,Respondent Advocate: Mohd Hafizi Abdul Halim,Fazriel Fardiansyah Abdul Kadir

Table of Content
1. plaintiffs' right to education breached. (Para 1 , 2 , 3)
2. defendants' denial of absenteeism. (Para 4 , 8 , 9)
3. witness testimonies supporting claims. (Para 5 , 6)
4. evidence of absenteeism and misconduct. (Para 15 , 22 , 43 , 44)
5. breach of statutory duty established. (Para 54 , 56 , 62)
6. right to education includes access to teachers. (Para 65 , 73)
7. damages awarded for emotional and psychological injury. (Para 76 , 78 , 89)
8. judgment in favor of plaintiffs granted. (Para 94 , 95)
Leonard David Shim J:

Introduction

[1] The Plaintiffs were students enrolled in the class identified as 4 Sains Sukan ("4SS") under the tutelage of the 1st Defendant at SMK Taun Gusi ("the School"). The present case ultimately arose out of the 1st Defendant's absenteeism during English classes at the material time and the effect it has had towards the Plaintiffs' inalienable right to education.

[2] As a consequence thereof, and by implication, the nature of the Plaintiffs' cause of action is the failure of all 5 Defendants to provide the Plaintiffs with English classes during the relevant period in 2017. The Plaintiffs contend that this omission constitutes breaches under the Educa

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