SAKINAH SULONG vs MASYITAH MD HASSAN

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 133

COURT OF APPEAL PUTRAJAYA
SAKINAH SULONG – Appellant
Versus
MASYITAH MD HASSAN – Respondent

Petitioner Advocates:Mahmud Abdul Jumaat,Bani Prakash ,Respondent Advocate: Irna Shahana Shamsuddin,Muhammad Akif Hafie Abdul Halim

Table of Content
1. defamation claim details and context. (Para 1 , 2 , 5)
2. arguments regarding defamation and public interest. (Para 3 , 8 , 10 , 30)
3. court observations on witness credibility and defamation. (Para 9 , 12 , 20 , 21)
4. final ruling and adjustments to damages. (Para 34 , 46)

Ahmad Zaidi Ibrahim JCA:

Introduction

[1] To start with and for ease of reference, the parties herein shall be referred to as they were before the Johor Bahru High Court in Guaman Sivil No JA-22NCVC-162-08/2018 (the Suit).

[2] This is the defendant's appeal against the decision of the learned Judicial Commissioner (JC) dated 26 October 2020 for the abovementioned Suit wherein the learned JC had allowed the plaintiffs defamation claim against the defendant with costs.

[3]Vide the said Suit, the plaintiff claimed for damages against the defendant for defamation, predicated on 3 postings published by the defendant in the Facebook account of "Sakinah Sulong" belonging to the defendant. The publications of the 3 postings were made on the 7th, 8th and 12 February 2018 respectively. The defendant denied liability and pleaded inter alia, the defences of justification and fair comment.

[4] After a full trial,

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2023 MarsdenLR 133

COURT OF APPEAL PUTRAJAYASAKINAH SULONG – AppellantVersusMASYITAH MD HASSAN – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
SAKINAH SULONG – Appellant
Versus
MASYITAH MD HASSAN – Respondent