RUZIAH BINTI SALLEH NIK MOHD HUZAIDI BIN NIK LI

RUZIAH BINTI SALLEH NIK MOHD HUZAIDI BIN NIK LI

The appeal is dismissed because the trial judge correctly found the impugned WhatsApp message referred to a named person 'Uji' and not to the appellant; the appellant failed to plead or prove material facts showing that 'Uji' identified the appellant or that the respondent published the message to the appellant or other third parties so as to defame her; the factual findings of the Sessions Court were properly supported by evidence and not 'plainly wrong'.

Citation
JB-12BNCvC-17-11/2022 (Mahkamah Tinggi)
Parties
Appellant / Plaintiff: Ruziah binti Salleh; Respondent / Defendant: Nik Mohd Huzaidi bin Nik Ali
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 July 2023
Case Number
JB-12BNCvC-17-11/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal — Defamation (libel) / Appeal From Sessions Court Judgment to High Court (appellate Determination)
Outcome
Appeal dismissed; Sessions Court decision dated 27.10.2022 upheld
Legal Topics
Libel (written Defamation), Publication to Third Parties, Identification/pleading Requirements in Defamation, Appellate Review Standard (plainly Wrong), Contextual Construction of Defamatory Words
Source Language
Malay/English
Defamation Tort Civil Procedure Evidence Libel (written Defamation) Publication to Third Parties Identification/pleading Requirements in Defamation Appellate Review Standard (plainly Wrong) +1 more

Case Brief

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Parties

Ruziah binti Salleh

Appellant / Plaintiff

Nik Mohd Huzaidi bin Nik Ali

Respondent / Defendant

Procedural Posture

Civil Appeal — Defamation (libel) / Appeal From Sessions Court Judgment to High Court (appellate Determination)

Legal Issues

  1. 1 Whether the WhatsApp message complained of was defamatory of the appellant
  2. 2 Whether the words referred to the appellant (identification)
  3. 3 Whether the message was published to third parties including appellant or family

Ratio Decidendi

The appeal is dismissed because the trial judge correctly found the impugned WhatsApp message referred to a named person 'Uji' and not to the appellant; the appellant failed to plead or prove material facts showing that 'Uji' identified the appellant or that the respondent published the message to the appellant or other third parties so as to defame her; the factual findings of the Sessions Court were properly supported by evidence and not 'plainly wrong'.

Court Disposition

Appeal dismissed; Sessions Court decision dated 27.10.2022 upheld

Orders

  • Appeal dismissed
  • Decision of Sessions Court dated 27.10.2022 is upheld