Held, allowing the appeals:

(1)(per Zabariah Yusof FCJ, majority) It would defeat the whole purpose of invoking witness immunity, if a witness was to go for full trial first to determine whether immunity applied, as he would have been vexed at the full trial in Suit 460 when defending the claim by the plaintiff. Suit 460 arose from the testimony and acts of witnesses in the course of judicial proceedings. The pleadings failed to disclose that the claim failed outside the bounds of witness immunity. Therefore, witness immunity was to be determined at the striking out application at the pleading stage, before proceeding for full trial (see paras 46–48).

(2)(per Zabariah Yusof FCJ, majority) The immunity afforded to witnesses of facts, was absolute and compl