28 Jul 2022
Amsiah Rahim Borneo Samudera Sdn Bhd
- Citation
- S-02(IM)-377-02/2021 (Mahkamah Rayuan)
- Court
- IM
- Case number
- S-02(IM)-377-02/2021 (Mahkamah Rayuan)
The Court of Appeal held the High Court erred in applying the doctrine of election to wholly dismiss the appellant’s damages claim where the appellant had pleaded and led evidence for compensatory damages and any late argument for a restitutionary measure did not justify denial of pleaded compensatory relief. The High Court should have awarded damages based on the pleaded and proved loss. The Court allowed the appeal, set aside the High Court decision, awarded general damages of RM266,990.00, interest at 5% per annum from date of notice to quit until realization, dismissed exemplary damages,…