16 Nov 2018
1. DR. SHAARI ISA 2. SYED SALEM ALBUKHARY TAN SRI HARRIS BIN MOHD SALLEH
- Citation
- S-02(NCVC)(W)-1362-07/2017 (Mahkamah Rayuan)
- Court
- NCVC
- Case number
- S-02(NCVC)(W)-1362-07/2017 (Mahkamah Rayuan)
The plaintiff failed to prove that each of the ten pleaded passages bore the defamatory meanings he had specifically assigned in his Statement of Claim; the trial judge misdirected by clustering and treating the whole book as defamatory without determining each pleaded meaning individually; additionally the appellants discharged the burden of justification (truth) in respect of the key impugned passage based on source material and unchallenged witness evidence, therefore the appeal was allowed and the High Court order against the 1st and 2nd defendants set aside; the cross-appeal was dismisse…