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2016 MarsdenLR 1384

COURT OF APPEAL PUTRAJAYA
MOHD HADY YAAKOP – Appellant
Versus
HASSAN MARSOM & ORS – Respondent


Table of Content
1. unlawful detention violates fundamental rights. (Para 1 , 2 , 3)
2. damages for pain and suffering must reflect seriousness of injuries. (Para 4 , 6 , 7)
3. valid grounds for remand orders are essential. (Para 15 , 19 , 20)
4. violation of legal procedures in detaining individuals must be addressed. (Para 43 , 44)
Varghese George Varughese JCA:

[1] The appellant, who was the plaintiff at the High Court, had in his action sought for a declaration that his detention by the Police between 22 November 2008 and 5 December 2008 was unlawful and in violation of his fundamental rights under the Federal Constitution . He further alleged that he had been assaulted during that detention and had suffered injuries for which he was hospitalised for treatment between 22 November 2008 and 28 November 2008. He sought for general and special damages, as well as exemplary and/ or aggravated damages, for the unlawful detention and the pain and suffering he had to undergo.

[2] At the end of the trial the learned judge found that the 1st, 2nd, 3rd and 4th respondents and the 7th respondent (vicariously) were only liable for the injuries suffered by the appellant while in Police custody an

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