9 Feb 2023
CHENDELADEVAN A/L KUPPUSAMY Majlis Bandaraya Pulau Pinang
- Citation
- PA-A51NCvC-27-07/2018 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- PA-A51NCvC-27-07/2018 (Mahkamah Sesyen)
Plaintiff failed to prove on the balance of probabilities that the Defendant owed and breached a duty of care: officers acted under statutory by‑laws when seizing an uncollared dog in a council area, the dog appeared to be stray and owner was absent, veterinary evidence showed dart dosage within safe margin and the dog was aged with evidence supporting natural death, there was no reliable evidence of cruel handling, res ipsa loquitur did not apply, and vicarious liability could not be established because the officer allegedly at fault was not made a party. Accordingly the claim is dismissed w…