ZULKIPLY TAIB & ANOR vs PRABAKAR BALA KRISHNA & ORS AND OTHER APPEALS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 MarsdenLR 1266

COURT OF APPEAL PUTRAJAYA
ZULKIPLY TAIB & ANOR – Appellant
Versus
PRABAKAR BALA KRISHNA & ORS AND OTHER APPEALS – Respondent

Table of Content
1. multiple related civil appeals regarding police misconduct and liability. (Para 1 , 2 , 5)
2. establishment of police assault and injuries suffered by the plaintiff. (Para 9 , 10 , 12)
3. evidence supporting liability of certain defendants. (Para 21 , 23)
4. discussion on awarding exemplary damages in light of criminal convictions. (Para 39 , 72)
5. court's final ruling and disposition of appeals. (Para 91)

Mohd Zawawi Salleh JCA:

Introduction

[1] Before us there were four related appeals, namely:

(i) Civil Appeal No W-01 (NCVC)-W-264-07-2013;

(ii) Civil Appeal No W-01-(NCVC)-W-280-08-2013;

(iii) Civil Appeal No W-01(NCVC)-W-291-08-2013; and

(iv) Civil Appeal No W-02(NCVC)-W-1773-08-2013.

[2] These appeals were heard together since they involved the same parties and similar questions of law considered by the court below. The parties also agreed that we should hear the appeals together.

[3] We will refer to the parties as they were in the High court. In the High court there was only one plaintiff. But he was not just a respondent, he was also the appellant in the fourth appeal.

[4] Initially, the suit was filed against nine named defendants in the court below. However, the suit

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2015 MarsdenLR 1266

COURT OF APPEAL PUTRAJAYAZULKIPLY TAIB & ANOR – AppellantVersusPRABAKAR BALA KRISHNA & ORS AND OTHER APPEALS – Respondent

COURT OF APPEAL PUTRAJAYA
ZULKIPLY TAIB & ANOR – Appellant
Versus
PRABAKAR BALA KRISHNA & ORS AND OTHER APPEALS – Respondent