JUDGMENT

Seah J:

This is a motion to assess the amount of damages sought to be recovered against the defendant, Abang Mohammad bin Abang Anding, pursuant to an Interlocutory Judgment in default of appearance dated 19 May 1978 obtained by the plaintiff, YAB Datuk Patinggi Abdul Rahman Ya'kub.

On 16 February 1978 the plaintiff took out a writ of summons against the defendant and the statement of claim filed by the plaintiff's advocates reads as follows:

1. The plaintiff is and was at all material times the Chief Minister of Sarawak.

2. The plaintiff is and was at all material times a member and President of Parti Pesaka Bumiputera Bersatu which in turn is and was at all material times a member of the Barisan Nasional Malaysia.

3. The defendant was an assistant to a political secretary of the plaintiff and is leader of a new political party now seeking registration under the name of Bersatu Rakyat Jelata Sarawak (BERASA). 4. In a letter dated 11 January 1978 addressed to YAB Datuk Hussein Onn, the Prime Minister of Malaysia, and duly received by the said Datuk Hussein Onn in the ordinary course of post, the defendant falsely and maliciously wrote and published of the plaintiff and