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2013 MarsdenLR 2105

COURT OF APPEAL, PUTRAJAYA
KETUA POLIS DAERAH JOHOR BAHRU JOHOR & ORS – Appellant
Versus
NGUI TEK CHOI – Respondent


Table of Content
1. plaintiff's wrongful arrest and detention (Para 3 , 4 , 5 , 6 , 8)
2. facts surrounding the plaintiff's arrest and detention (Para 7)
3. court's finding of unlawful detention (Para 9 , 10)
4. defendants' arguments on remand order validity (Para 11 , 12 , 13)

[1] This appeal is against the decision of the High Court at Johor Bahru dated 23 June 2009 which allowed the respondent's claim for damages for unlawful detention for the period between 5.00pm on 8 February 2001 and 14 February 2001 and for injuries sustained during the said period to be assessed.

[2] The appellants were the defendants whilst the respondent was the plaintiff at the Court below. For the purpose of this judgment parties will be referred to as they were in the Court below.

Facts

[3] The factual matrix of the case has been set out in the judgment of the learned Judicial Commissioner (JC) at pp 11 to 12 of the Appeal Record vol 1 bahagian A. Suffice if we set out briefly the facts which were relevant to this appeal in its original language as follows:

Pada 7 Februari 2001 jam lebih kurang 10.30 malam, plaintif telah ditangkap oleh sepasukan polis yang diketuai oleh C/Insp Balakrishnan a/l Manikam berdasa

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