YB DATO HAJI HUSAM MUSA vs MOHD FAISAL ROHBAN AHMAD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 401

COURT OF APPEAL PUTRAJAYA
YB DATO HAJI HUSAM MUSA – Appellant
Versus
MOHD FAISAL ROHBAN AHMAD – Respondent

Table of Content
1. the factual basis of the defamation claim revolves around the authorship of a blog post and its attribution. (Para 1 , 14 , 15)
2. arguments center on evidentiary challenges and the failure of the trial judge to consider crucial evidence. (Para 2 , 3)
3. discussions on the admissibility of evidence under the evidence act highlight the court's responsibility to consider all relevant evidence. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
4. the court identifies serious errors in the initial ruling and establishes that the trial judge's misdirection led to an unjust conclusion. (Para 24 , 26)
5. the final ruling to allow the appeal and remand for damages emphasizes the correction of prior judicial errors. (Para 28)

Hamid Sultan Abu Backer JCA:

[1] The appellant's appeal against the decision of the learned High Court Judge dismissing the defamation suit (on liability) came up for hearing on 5 March 2014 and upon hearing we allowed the appeal and set aside the judgment and remitted the case for assessment of damages before the High Court. My learned brothers Azahar Mohamed JCA and Mohamad Ariff Md Yusof JCA have read the draft judgment and approved the same. This is our judgment.

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2015 MarsdenLR 401

COURT OF APPEAL PUTRAJAYAYB DATO HAJI HUSAM MUSA – AppellantVersusMOHD FAISAL ROHBAN AHMAD – Respondent

Cases Referred (1)

COURT OF APPEAL PUTRAJAYA
YB DATO HAJI HUSAM MUSA – Appellant
Versus
MOHD FAISAL ROHBAN AHMAD – Respondent