MOHAMAD ZAINI BIN MD TAHA Normaziah Binti Sheikh Mohamed

MOHAMAD ZAINI BIN MD TAHA Normaziah Binti Sheikh Mohamed

The appeal is dismissed and the Sessions Court order striking out the writ and statement of claim is affirmed because the defamation pleadings failed to comply with Order 78 r 3 (no identification of defamatory words or their natural and ordinary meaning) and failed to plead particulars of special damages; the claim also sought relief for non-parties, rendering the claim obviously unsustainable and properly struck out under O.18 r.19(1).

Citation
BA-12ACY-2-09/2021 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Mohamad Zaini bin Md Taha; Respondent/defendant: Normaziah binti Sheikh Mohamed
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 June 2022
Case Number
BA-12ACY-2-09/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed; decision of Sessions Court striking out writ and statement of claim affirmed.
Legal Topics
Pleading Requirements Under Order 78 R 3, Strike Out Under Order 18 R 19(1), Particulars of Special Damages, Standing to Claim for Non Parties
Source Language
Malay/English
Defamation Civil Procedure Damages Pleading Requirements Under Order 78 R 3 Strike Out Under Order 18 R 19(1) Particulars of Special Damages Standing to Claim for Non Parties

Case Brief

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Parties

Mohamad Zaini bin Md Taha

Appellant/plaintiff

Normaziah binti Sheikh Mohamed

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the defamation claim disclosed a reasonable cause of action or was obviously unsustainable
  2. 2 Whether the plaintiff complied with Order 78 r 3 Rules of Court 2012 by pleading natural and ordinary meaning and specific defamatory words
  3. 3 Whether special damages were specifically pleaded and evidenced

Ratio Decidendi

The appeal is dismissed and the Sessions Court order striking out the writ and statement of claim is affirmed because the defamation pleadings failed to comply with Order 78 r 3 (no identification of defamatory words or their natural and ordinary meaning) and failed to plead particulars of special damages; the claim also sought relief for non-parties, rendering the claim obviously unsustainable and properly struck out under O.18 r.19(1).

Court Disposition

Appeal dismissed; decision of Sessions Court striking out writ and statement of claim affirmed.

Orders

  • Appeal dismissed with costs.
  • Order of Sessions Court allowing defendant's application to strike out the writ and statement of claim is affirmed.