JUDGMENT

Surita Budin SCJ:

After Full Trial [Enclosure 11]

A. Introduction

[1] On 15 July 2024, this Court has allowed the Plaintiffs' claim with costs. Aggrieved by this decision, Defendant is now appealing to the High Court . Below are my grounds of the said decision.

B. Brief Facts

[2] The Plaintiffs' cause of action is premised on negligence.

[3] The Plaintiffs' claim against the Defendant is for special and general damages for the injuries suffered as a result of attack from the Defendant's dogs.

[4] The 1st Plaintiff is the mother of the 2nd Plaintiff. The 2nd Plaintiff is a minor, suing by her mother.

[5] The Defendant is the owner of two Rottweilers. A Rottweiler is a large breed dog and prone to aggressive behavior.

[6] The Plaintiffs and the Defendant stay in the same neighbourhood at Kepayang Height.

[7] On 27 April 2019, while the Plaintiffs were passing by the Defendant's premise after their evening walk at Kepayang Hill, all of a sudden, one of the Defendant's dogs came out from the Defendant's premise and attacked the 2nd Plaintiff.

[8] The 2nd Plaintiff was attacked and dragged by the dog. In order to stop the attack from the Rottweiler, the 1st Plaintiff protected her daugh