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1991 MarsdenLR 593

HIGH COURT MALAYA PENANG
YAP JH – Appellant
Versus
LOH BOON SIEW & ORS – Respondent


Petitioner Advocates:Shakuntala Sharma ,Respondent Advocate: Susila S Param

JUDGMENT

Mohamed Dzaiddin J:

[1] These two applications are made on behalf of the 6th, 7th, 8th, 9th and 10th defendants in this suit to strike out the plaintiff's writ and statement of claim under O 18 r 19(1) Rules of the High 1980 on the grounds that the statement of claim is frivolous or vexatious or it is otherwise an abuse of the process of the Court. The applications are supported by the affidavits of ASP Shahri bin Abu Mansor of Ibu Pejabat Polis Daerah Georgetown, affirmed on 18 February 1991 and 18 April 1991 respectively (lampiran 32(a) and 33).

[2] By his statement of claim filed on 9 February 1990, the plaintiff claimed against the 1st to the 10th defendants damages for conspiracy, wrongful arrest, false imprisonment and trespass to person. The action was commenced arising out of the untimely death of Loh Kah Kheng, the son of a well-known philanthropist and entrepreneur, Tan Sri Loh Boon Siew, the 1st defendant. As a result of Kah Kheng's death, the cause of death being classified by the coroner as "murder by person or persons unknown", the plaintiff was arrested on 25 February 1987 and detained at Central Police Station, George Town for 14 days under s 117 Criminal Pro

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