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HIGH COURT MALAYA SHAH ALAM
RAM TALIB JANI MOHAMMED & ORS – Appellant
Versus
AMIRARIFF AMERUDIN – Respondent
| Table of Content |
|---|
| 1. liability for assault and defamation (Para 1 , 2 , 4 , 5 , 6 , 7 , 8) |
| 2. definitions of torts of assault, battery, and false imprisonment (Para 9 , 10 , 11 , 12 , 13) |
| 3. review of evidence and findings (Para 14 , 15 , 16 , 17 , 18 , 19) |
| 4. dismissal of defamation counterclaim (Para 20 , 21 , 22) |
| 5. compensation for damages in tort (Para 23 , 24 , 25) |
| 6. final dismissal of appeal with costs (Para 26) |
Introduction
[1] The Defendants were found liable on a balance of probabilities for the tort of assault and battery, wrongful confinement and trespass to property after a full trial at the Sessions Court. Their counterclaim for defamation and assault were dismissed.
[2] These claims arose substantially from an ugly altercation on 21-2آ¬2020 at the 1st Defendant's residence in Bandar Sungai Buaya ("Premises") between the Plaintiff and the Defendants, who are all relatives of the Plaintiff's ex-wife ("Incident").
[3] The Defendants appealed to the High Court against the entire Judgment of the Sessions Court Judge. On 19 December 2024, I heard and dismissed the appeal. I upheld the Judgment of the Sessions Court and these are my grounds for doing s
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