JUDGMENT

Zabariah Mohd Yusof J:

[1] The claim by the plaintiffs is for damages premised upon the 1st plaintiff being allegedly wrongfully detained by the defendants from 12 March 2008 until the 1st plaintiff was released from "restricted residence" on 5 November 2010.

Background Facts:

[2] The 2nd plaintiff is the wife to the 1st plaintiff. The 1st plaintiff was detained under ss 3(1) and 4(1) of the Emergency (Public Order and Prevention of Crime) Ordinance 1969 on 10 September 2007.

[3] The 1st plaintiff was detained under the 1st defendant's order whereby the detention order were extracted on 6 November 2007 and was served on the 1st plaintiff. As a result, the 1st plaintiff was sent to Pusat Pemulihan Akhlak Simpang Renggam, Johor for detention for a period of two years. The detention order is in p 25 Bundle C.

[4] On 12 March 2008 and 28 March 2008, suspension orders were extracted which was signed by the 1st and the 2nd defendants. The order dated 12 March 2008 was issued by the Deputy Minister, Dato' Mohd Johari bin Baharum whilst the order dated 28 March 2008 was issued by Dato Seri Syed Hamid bin Syed Jaafar Albar.

[5] However, it is not disputed that both these orders, ie dated