[1] The appellants'/defendants' appeal in respect of damages awarded for wrongful imprisonment of the respondent/plaintiff came up for hearing on 8 May 2014 and upon hearing we allowed the appeal. My learned brother Azahar Mohamed JCA and my learned sister Aziah Ali JCA have read the draft judgment and approved the same. This is our judgment.

[2] It must be noted that the cross-appeal was withdrawn with the consent of the parties on the date of hearing.

Preliminaries

[3] A common sense approach needs to be applied to understand the case in the right perspective. Evidence will show the plaintiff/respondent was himself negligent and did not show receipt of payment of fie for which he was imprisoned notwithstanding that he was represented by solicitors as