Haidar Mohd Noor JCA:

This appeal is against the award of damages against the appellants as defendants by the High Court at Johor Bahru arising out of a motor accident on 7 December 1992 at about 10am at 14 1/2 milestone along the stretch of Jalan Utama/Jalan Kota Tinggi/Johor Bahru road. It resulted in the death of Chong Sey Kow (deceased). Tai Sai Hong (widow), the respondent, sued on behalf of herself and her two children as plaintiff.

Quite apart from the issue of liability, the appellants raised an issue of law, that is, whether Tai Sai Hong was the 'wife' of the deceased under the Law Reform (Marriage and Divorce) Act 1976 ("the Act") and as such, had she the legal capacity to bring the action claiming for damages for herself as a dependant of the deceased. This issue was premised on the fact that the marriage between the parties was a customary marriage contracted in Singapore and it was neither registered in Singapore nor under s. 22(4) of the Act. This fact was admitted to by Tai Sai Hong, the respondent. Why the marriage was not registered in Malaysia was not clear.

Status Of The Respondent As The 'Wife' Of The Deceased

When the parties contracted the customary m