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1989 MarsdenLR 723

HIGH COURT MALAYA, KUANTAN
MUNIANDY – Appellant
Versus
TAN PECK SOO & ORS – Respondent


JUDGMENT

Lamin Mohd. Yunus J:

This is an appeal to the Judge-in-chambers on the decision of the learned Senior Assistant Registrar dismissing the defendants/appellants' applicationunder O. 18 r. 19 of the Rules of the High 1980 to have the plaintiff/respondent's statement of claim struck out and his action dismissed.

In his statement of claim the plaintiff/respondent alleges that in or about late 1980 the defendants/appellants wrongfully procured the police to arrest the plaintiff/respondent and take him into custody on the ground that, as asserted by the defendants/appellants then, the plaintiff was a member of a gang which was terrorising and intimidating the people at Cheroh Estate, Raub, Pahang and committing unlawful and violent acts. Acting upon the said complaints the plaintiff/respondent was arrested and detained by the police on 17 March 1981 and was only released on 14 May 1983 subject to restricted conditions until 14 May 1984. The said detention and restriction orders were made purportedly under the Emergency (Public Order and Prevention of Crimes) Ordinance No. 5 of 1969. The plaintiff/respondent alleges that the complaints by the defendants/appellants were made out o

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