Nantha Balan JCA:

INTRODUCTION

[1]ÂÂThere are two inter-related appeals before us, namely, Civil Appeal No P-02(NCvC)(W)-2112–11 of 2022 (‘Appeal 2112’) and Civil Appeal No P-02(NCvC)(W)-2197–11 of 2022 (‘Appeal 2197’). The appeals arise from the decision of the learned judicial commissioner (‘JC’) of the High Court at Penang dated 27 October 2022 (‘the said decision’) delivered after full trial in Suit No PA-23NCVC-11–02 of 2018. We shall refer to this suit as the ‘defamation suit’.

[2]ÂÂAlthough these appeals arise from a defamation suit, it was necessary for us to make copious reference to two running down actions namely, Georgetown Magistrate Suit No PA-A73KJ-513–06 of 2017 (‘Georgetown Suit’) and Kulim Sessions Court Suit No A53KJ-126–07 of 2017 (‘Kulim Suit’) which are inextricably connected to the filing of the defamation suit. The Kulim Suit was originally filed as Mahkamah Majistret Bandar Bahru Saman No A73KJ-39–09 of 2015. By an order of the Kulim Sessions Court dated 12 July 2016, the case was transferred to the Kulim Sessions Court and registered as Suit No A53KJ-126–07 of 2017.

[3]ÂÂThe common thread in the Georgetown Suit and in