Abu Bakar Jais JCA:

Introduction

[1] The appeal by the appellant ("defendant") to the Court of Appeal is against the High Court's decision in respect of a defamation and malicious falsehood claim filed by the respondents ("plaintiffs"). The appeal also relates to two specific actions of the learned High Court Judge ("HCJ") regarding procedure in handling the case to its conclusion. First, in striking out the respondents' claim and then retracting it. The other in not allowing the appellant to call witnesses.

[2] As both parties had waited some time without avail for the written grounds of judgment of the learned HCJ and since she has since retired, we proceeded hearing the appeal without the benefit of the same. At the end of the appeal, we were obliged to consider whether a retrial should be ordered. Parties hereafter will be referred to as they were in the High Court.

Background Facts

[3] The defendant is in the business of distributing beauty products. The 1st plaintiff is in the business of marketing and selling beauty products under its own brands. The 2nd plaintiff is the founder and Chief Executive Officer of the 1st plaintiff. The defendant was also the distributor of th