Ian H.C. Chin JC:

I. LIABILITY

A. The plaintiff's claim.

The plaintiff Daning Bin Laja sues the defendant K.K. Hj Tuaran Bin Majid for damages for having on 20 August 1980 "intentionally and maliciously without lawful excuse fired a shot" at him and caused him severe and grievous injuries.

B. Evidence for plaintiff.

The plaintiff (PW5), who is now 29 years old, testified that he came to Sabah in 1976. That it was on 20 August 1980 at about 5.30 p.m. that he wanted to go from Sekolah Menengah Kerajaan Agasi, Lahad Datu, to a sawmill. After failing to flag an empty taxi he stopped and got on the open part of a vehicle known as a pickup which had two other passengers. The pickup then proceeded towards the police complex. He was loosening his belt while standing up when he heard the sound of bullets being loaded into a gun and then saw the defendant pointing a shotgun at him. He was so shocked at the sight of the gun being pointed at him that he fell from the pickup onto the road while the pickup was moving. The pickup proceeded with its journey after he fell but later turned around and headed towards him. He was frightened and ran but the pickup overtook him. He saw the defe