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2021 MarsdenLR 890

COURT OF APPEAL PUTRAJAYA
MOHD SOFIAN ABDUL RAZAK, JCA
ZAIDAH ISMAIL – Appellant
Versus
INSPEKTOR RABIATUL ADAWIAYAH MOHD NOOR & ORS AND ANOTHER APPEAL – Respondent


Petitioner Advocates:Nordin Kassim,R Jayasingam,Ng Keng Yang ,Respondent Advocate: Iznan Ishak,Syahriah Shapiee,Mohd Ashraf Abdul Hamid

JUDGMENT

Mohd Sofian Abdul Razak JCA:

Introduction

[1] There are two appeals before this court emanating from the decisions of the High court dated 4 February 2019 and were heard together namely:

(a) Civil Appeal No: T-01(NCVC)(W)-108-03-2019 ("Appeal No 108"), the appellant is the 1st plaintiff in the High court and the respondents are the defendants. The appellant is appealing against part of the decision of the learned High court Judge ("the learned HCJ") on the quantum of damages; and

(b) Civil Appeal No: T-01(NCVC)(W)-748-12-2019 ("Appeal No 748"), the appellants are the defendants and the respondents are the plaintiffs in the High court. The appellants are appealing against the whole decision of the learned HCJ in allowing the plaintiffs' claim for damages.

[2] For ease of reference, the parties will be referred to as they were in the proceedings before the High court.

[3] Having considered the appeal records and the submissions of the parties in these appeals, it is our unanimous decision that Appeal No 108 is allowed with costs and Appeal No 748 is dismissed with costs. We append herewith the reasons for our decision.

Background Facts

[4] Plaintiffs' claim is for wrongful detention.

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