SITI FAIRUZ SHAMSURI & ORS v. NIK MOHD SUHAIMI AHMAD GHAZALI & OTHER APPEALS

[2026] 5 MLRA 407
Court of Appeal, Putrajaya
Azhahari Kamal Ramli, Ahmad Kamal Md Shahid, Nadzarin Wok Nordin JJCA
[Civil Appeal Nos: W-01(NCvC)(W)-484-09-2023, W-01(IM)(NCvC)(W)-386-06-2024 & W-01(IM)(NCvC)(W)-406-06-2024]
Azhahari Kamal Ramli, Ahmad Kamal Md Shahid, Nadzarin Wok Nordin JJCA

JUDGMENT

Ahmad Kamal Md Shahid JCA:

Introduction

[1] This is another case filed by a citizen of Malaysia who was aggrieved by the conduct of the anti-corruption agency in carrying out the investigation and prosecution against him.

[2] The learned High Court Judge (HCJ) held that Nik Mohd Suhaimi Bin Ahmad Ghazali (the Plaintiff) had successfully proved his claims for wrongful imprisonment/arrest/harassment, which the learned HCJ had "rebranded" as "malicious process or abuse of process" and awarded damages and costs for the Plaintiff as follows:

a. General Damages - RM200,000.00.

b. Special Damages - RM100,000.00.

c. Aggravated Damages - RM400,000.00.

d. Exemplary/Punitive Damages - RM200,000.00.

e. Costs RM10,000.00.

However, the learned HCJ disallowed the Plaintiff's claim for malicious prosecution against the Defendants.

[3] The above decision by the learned HCJ led to three (3) appeals in the Court of Appeal, the decision and full reasoning of which will now be deliberated.

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