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COURT OF APPEAL PUTRAJAYA
DATUK SERI KHALID ABU BAKAR & ORS – Appellant
Versus
N INDRA P NALLATHAMBY & ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. custodial death details and claims (Para 1 , 2 , 8 , 9 , 10 , 11 , 12 , 13) |
| 2. arguments against claim of public misfeasance (Para 6 , 14 , 15 , 26) |
| 3. court's findings on false imprisonment (Para 17 , 18 , 20 , 21 , 23 , 24 , 29 , 30) |
| 4. application of exemplary damages (Para 62 , 66 , 74) |
| 5. court's final orders on the case (Para 85 , 86) |
[1] One Kugan a/l Ananthan (deceased) met his death while in the custody of the police on 20 January 2009. The deceased was in custody as a result of a seven day remand warrant issued by a Magistrate in Petaling Jaya on 14 January 2009.
[2] The mother of the deceased as administratrix of the estate took out this legal action to claim for damages for the deceased's death premised on misfeasance of public office, assault, battery and false imprisonment. The plaintiff 's claim was sustained by the High Court in which the learned judge made the following orders:
TOTAL RM801,700.00
[3] The defendants, not happy with the decision of the High Court, appeal to this Court. We heard the appeal and after due consideration to respective submissions of counsel, we reserved judgment and now give our decision and grounds.
[4] There are two appeals be
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