1. ) Panjalai a/p Vengadsamy 2. ) Satiavani a/p Vadivelu 1. ) Mohd Khairul Hafiz Bin Yaacob 2. ) Azlan Bin Abdul Kadir 3. ) Amran Bin Md Sali 4. ) Ketua Polis Negara Malaysia 5. ) Polis Diraja Malaysia (PDRM) 6. ) Kerajaan Malaysia

1. ) Panjalai a/p Vengadsamy 2. ) Satiavani a/p Vadivelu 1. ) Mohd Khairul Hafiz Bin Yaacob 2. ) Azlan Bin Abdul Kadir 3. ) Amran Bin Md Sali 4. ) Ketua Polis Negara Malaysia 5. ) Polis Diraja Malaysia (PDRM) 6. ) Kerajaan Malaysia

The suit was dismissed because it was barred by the mandatory 36-month limitation under s.2(a) PAPA read with s.38 Government Proceedings Act despite findings (on default/non-appearance of 1st-3rd) that 1st-3rd arrested, kidnapped and killed the deceased and the Court finding 4th & 5th would be vicariously liable;...

Source-derived case information.

Citation
WA-21NCvC-10-01/2023 (Mahkamah Tinggi)
Parties
Plaintiff Administrator: PANJALAI A/P VENGADSAMY (Administrator of Estate of Gobala Guru a/l Kandaiah); Plaintiff Administrator: SATIAVANI A/P VADIVELU (Administrator of Estate of Gobala Guru a/l Kandaiah); Defendant Police Officer (1st): MOHD KHAIRUL HAFIZ BIN YAACOB; Defendant Police Officer (2nd): AZLAN BIN ABDUL KADIR; Defendant Police Officer (3rd): AMRAN BIN MD SALI; Defendant Inspector General of Police (4th): TAN SRI HAJI ISMAIL BIN HAJI OMAR (sued as Inspector General of Police); Defendant Government of Malaysia (5th): KERAJAAN MALAYSIA
Court
High Court
Jurisdiction
Malaysia
Judgment Date
22 April 2024
Case Number
WA-21NCvC-10-01/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Tort (misfeasance in Public Office; Breach of Statutory Duty; Wrongful Death) / First Instance Judgment (high Court) Suit Dismissed for Limitation; Appeal Lodged to Court of Appeal (20 05 2024)
Outcome
Writ dismissed against 4th & 5th defendants on ground of limitation under PAPA s.2(a) read with GPA s.38; appeal filed to Court of Appeal.
Legal Topics
Misfeasance in Public Office, Breach of Statutory Duty, Vicarious Liability, Limitation (public Authorities Protection Act S.2(a)), Evidence Burden of Proof, Damages
Tort Administrative Law Public Law Civil Procedure Police Law Misfeasance in Public Office Breach of Statutory Duty Vicarious Liability +3 more

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Parties

PANJALAI A/P VENGADSAMY (Administrator of Estate of Gobala Guru a/l Kandaiah)

Plaintiff Administrator

SATIAVANI A/P VADIVELU (Administrator of Estate of Gobala Guru a/l Kandaiah)

Plaintiff Administrator

MOHD KHAIRUL HAFIZ BIN YAACOB

Defendant Police Officer (1st)

AZLAN BIN ABDUL KADIR

Defendant Police Officer (2nd)

AMRAN BIN MD SALI

Defendant Police Officer (3rd)

TAN SRI HAJI ISMAIL BIN HAJI OMAR (sued as Inspector General of Police)

Defendant Inspector General of Police (4th)

KERAJAAN MALAYSIA

Defendant Government of Malaysia (5th)

Procedural Posture

Civil Tort (misfeasance in Public Office; Breach of Statutory Duty; Wrongful Death) / First Instance Judgment (high Court) Suit Dismissed for Limitation; Appeal Lodged to Court of Appeal (20 05 2024)

Legal Issues

  1. 1 Whether plaintiffs barred by limitation under s.2(a) PAPA read with s.38 Government Proceedings Act
  2. 2 Whether 1st-3rd defendants arrested, kidnapped and killed the deceased on 02-02-2013
  3. 3 Whether 4th & 5th defendants are vicariously liable for torts of 1st-3rd defendants

Ratio Decidendi

The suit was dismissed because it was barred by the mandatory 36-month limitation under s.2(a) PAPA read with s.38 Government Proceedings Act despite findings (on default/non-appearance of 1st-3rd) that 1st-3rd arrested, kidnapped and killed the deceased and the Court finding 4th & 5th would be vicariously liable; limitation is a complete defence and fatal to plaintiffs' claim.

Court Disposition

Writ dismissed against 4th & 5th defendants on ground of limitation under PAPA s.2(a) read with GPA s.38; appeal filed to Court of Appeal.

Orders

  • Suit dismissed
  • Costs awarded to 4th & 5th defendants in the sum of RM 5,000