ZAUYAH BINTI AHMAD Rozinah Binti Ahmad (Berniaga Di Bawah Nama Dan Gaya 'Warung Dayang Salai Dilinggi' No. Pendaftaran: 200603073238 (Ns0014360-u)

ZAUYAH BINTI AHMAD Rozinah Binti Ahmad (Berniaga Di Bawah Nama Dan Gaya 'Warung Dayang Salai Dilinggi' No. Pendaftaran: 200603073238 (Ns0014360-u)

The High Court affirmed the Sessions Court: the impugned social media broadcasts and WhatsApp messages were defamatory, referred to the plaintiff and were published to third parties; the defendant failed to prove justification or provocation and produced no evidentiary basis for her allegations; accordingly the plaintiff was entitled to general damages of RM50,000 and costs, and the appeal was dismissed.

Citation
NA-12BNCvC-15-06/2024 (Mahkamah Tinggi)
Parties
Perayu/defendan: Zauyah binti Ahmad; Responden/plaintif: Rozinah binti Ahmad
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 December 2024
Case Number
NA-12BNCvC-15-06/2024 (Mahkamah Tinggi)
Procedural Posture
Civil Defamation Appeal / Judgment on Appeal (disposed)
Outcome
Appeal dismissed; Sessions Court judgment affirmed.
Legal Topics
Publication, Reference to Plaintiff, Justification (truth) Defence, Provocation Defence, Quantum of Damages, Costs, Appellate Review Standard
Source Language
Malay/English
Defamation Civil Procedure Remedies and Damages Injunctions Media and Communications Law Publication Reference to Plaintiff Justification (truth) Defence +4 more

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Parties

Zauyah binti Ahmad

Perayu/defendan

Rozinah binti Ahmad

Responden/plaintif

Procedural Posture

Civil Defamation Appeal / Judgment on Appeal (disposed)

Legal Issues

  1. 1 Whether impugned statements were defamatory
  2. 2 Whether the statements referred to the plaintiff
  3. 3 Whether the statements were published to third parties

Ratio Decidendi

The High Court affirmed the Sessions Court: the impugned social media broadcasts and WhatsApp messages were defamatory, referred to the plaintiff and were published to third parties; the defendant failed to prove justification or provocation and produced no evidentiary basis for her allegations; accordingly the plaintiff was entitled to general damages of RM50,000 and costs, and the appeal was dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed.

Orders

  • Sessions Court judgment dated 31.05.2024 affirmed by the High Court
  • Plaintiff awarded general damages of RM50,000.00