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SITI FAIRUZ SHAMSURI & ORS v. NIK MOHD SUHAIMI AHMAD GHAZALI & OTHER APPEALS
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]
2 July 2026
[2026] 5 MLRA 407

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.

CASE HIGHLIGHTS

PRESS METAL SARAWAK SDN BHD v. ETIQA TAKAFUL BERHAD
Federal Court, Putrajaya
2016] 5 MLRA 529
[Civil Appeal No: 02(i)-27-04-2015(W)]
15 August 2016 [+]
TAN POOI YEE v. KETUA PENGARAH JABATAN PENDAFTARAN NEGARA
High Court Malaya, Kuala Lumpur
[2016] 5 MLRH 501
24NCVC-1306-08-2015
18 July 2016 [+]
ILANGOVAN KRISHNAN v. SHIYA SDN BHD
Industrial Court, Johor
[2016] 2 MELR 374
Award No: 515 of 2016 [Case No: 16/4-157/15]
27 April 2016 [+]
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