CASE TITLE: MOHAMED RAIHAN BIN IBRAHIM & ANOR v. GOVERNMENT OF MALAYSIA & ORS [1981] 2 MLJ 27, FC. CASE DETAILS: (Refer appendix 1) - Judges : Raja Azlan Shah C.J. (Malaya), Syed Othman & Salleh Abas F.JJ. - Trial Dates : October 6, 1980 & February 21, 1981 - Court : Kuala Lumpur - Federal Court Civil Appeal No.179 of 1979 STATUTE INVOLVED: 1. Case reffered to Government of Malaysia & Ors. v. Jumat bin Mohamed & Anor. [1977] 2 MLJ 103. 2. Instructions by the Ministry of Education to all schools, including to the respondents’ school as to the safety measures which should be taken with regard to the use of agricultural tools. These are: (1) to maintain sufficient distance whilst working with the tools; (2) to use proper tools; (3) to use sharp instruments; and (4) to maintain discipline. 3. Education Act 1961 (cited in Tie Fatt Hee, 2002): (1) Section 9: The Ministry of Education has right to issue general directions related to policies on education; (2) Section 10: The Ministry of Education has right to issue special directions to any member of the Central Board formed under Part VII of the Act; the special directions can also be issued to the manager, gabenor, or any member of a board or committee established by The Minister of Education under Section 26A(4); the special directions can also be issued to the worker, head teacher of a school, or an educational institution. CASE SUMMARY In this case, the appellants sued the respondents for damages claiming that they failed to provide proper supervision and to give proper instructions on the use of agricultural tools to a group of pupils participating in a gardening class. The case was appealed to the Federal Court after being dismissed by Ajaib Singh J. of the High Court in favour of the respondents with the argument that the respondents had given proper instructions and warnings on the use 1