JUDGMENT

Nordin Hassan FCJ:

Introduction

[1] The Appellant filed two appeals before this Court against the decisions of the Court of Appeal, which are as follows:

(i) Civil Appeal No 01(f)-29-09/2024(D) concerning the decision of the Court of Appeal in dismissing the appellant's appeal regarding the quantum of damages awarded by the High Court .

(ii) Civil Appeal No 01(f)-30-09/2024(D) concerning the decision of the Court of Appeal in allowing the respondent's appeal against the decision of the High Court that allowed the appellant's claim for wrongful detention.

[2] This Court allowed one leave question for the present appeal, which is as follows:

"Whether an accused person, upon being investigated under the Armed Forces Act 1972 and where the charge is not dealt with summarily, be remanded automatically under s 96(3) of the said Act without having to consider the remand procedures prescribed under s 94 of the Act and rr 4, 15(1), (2), 16(1), and 38(1) of the Armed Forces (-Martial) Rules of Procedure 1976, with regard to remand pending trial by a Court -Martial."

The Background Facts

[3] The undisputed brief facts in the present case are as follows:

(i) The Appellant was a so