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1996 MarsdenLR 633

HIGH COURT MALAYA KUALA LUMPUR
LIM KIT SIANG – Appellant
Versus
DATUK DR LING LIONG SIK & ORS – Respondent


Petitioner Advocates:Karpal Singh ,Respondent Advocate: RR Sethu

JUDGMENT

Zainun Ali JC:

[1] In the preliminary issue before this court, two suits ie Civil Suit No: S3-23-75-93 and S2-22-520-93 have been consolidated.

[2] The claim in both suits is based on the alleged cause of action said to be founded on a speech by the first defendant on 12 August 1993 and on a publication in the Star newspaper on 14 August 1993.

[3] The cause of action in Civil Suit No: S2-22-520-93 is founded on publication in the issue of the Star newspaper dated 13 August 1993.

[4] Focusing on the first preliminary issue raised by the first defendant, the question before this court is whether the words attributed to the first defendant and published by the second, third and fourth defendants as set out in the statement of claim, read in the light of the plaintiff's answers to the interrogatories or even otherwise, are capable of bearing the defamatory meaning as alleged in the plaintiff's statement of claim.

[5] I have had the advantage of having heard counsel and reading the authorities cited in connection therewith.

7

[6] The authorities are manifest in their approach that it is fundamental that the exact words as uttered (by the first defendant in this case) must be reproduced

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