KETUA POLIS NEGARA & ORS v. NURASMIRA MAULAT JAFFAR & ORS AND OTHER APPEALS

[2017] 6 MLRA 635

KETUA POLIS NEGARA & ORS v. NURASMIRA MAULAT JAFFAR & ORS AND OTHER APPEALS
Federal Court, Putrajaya
Ahmad Maarop CJM, Suriyadi Halim Omar, Zainun Ali, Azahar Mohamed, Zaharah Ibrahim FCJJ
[Civil Appeal Nos: 01(f)-36-05-2015(W), 01(i)-52-10-2015(W) & 01(f)-53-10-2015(W)]
6 November 2017

JUDGMENT

Zaharah Ibrahim FCJ (Majority):

Introduction

[1] These three appeals arose from three separate cases heard at first instance before three different judges of the High Court.

[2] Different panels of the Court of Appeal heard the respective appeals against the decisions of the High Court.

[3] Applications for leave to appeal against the decisions of the Court of Appeal were heard and allowed by three different panels of this court. The questions of law for which leave was granted relate to ss 7 and 8 of the Civil Law Act 1956 ("CLA").

[4] In view of the similarities of facts and issues in the three appeals, the three appeals were heard together before the same panel of this court.

Appeal No: 01(f)-36-05-2015(W)

[5] Appeal No: 01(f)-36-05-201S(W) ("Appeal No 36") is an appeal by the appellants (who were the defendants in the High Court) against the decision of the Court of Appeal which allowed the appeal by the respondents (who were the plaintiffs in the High Court) against the decision of the High Court dismissing with costs the respondents' claim for damages for loss of dependency, and for exemplary and aggravated damages.

Appeal No: 01(i)-52-10-2015(W)

[6] Appeal No: 01(i)-52-10-2015(W) ("Appeal No 52") is an appeal by the appellants (who were the defendants in the High Court) against the decision of the Court of Appeal which allowed the appeal by the respondent in part against the decision of the High Court allowing the claim by the respondent (who was the plaintiff in the High Court) for, amongst others, damages for false imprisonment and misfeasance in public office and exemplary damages.

[7] The Court of Appeal, in allowing the appellants' appeal in part, ordered that the award of damages for false imprisonment be set aside. The other damages awarded by the High Court were affirmed.

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