CAKE is also seeking an interim injunction to prevent nasi kandar restaurant operator Nezar Mohamed Shabur Batcha from leaving the mukim or subdistrict of Napoh in Kubang Pasu, Kedah, or leaving the country until disposal of the case.

CAKE’s lawyer, Mohammad Zunun Baihakky, said the claimants were business owners, workers and wage earners from the mukims of Napoh and Megat Dewa who were affected by the current targeted enhanced movement control order (TEMCO) imposed due to Nezar’s violation of a 14-day quarantine upon his return from India.

Other claimants include Jawatankuasa Peniaga RTC Pekan Napoh, Kelab Usahawan Belia Napoh, Persatuan Peniaga Kecil dan Penjaja Napoh and two residents’ associations in Napoh.

Zunun said CAKE was seeking general, aggravated, exemplary and nominal damages on behalf of the 200-odd individuals and five NGOs.

“Our suit is based on the neighbourhood principle as per UK’s Donoghue v Stevenson (1932) case or best known for the snail-in-the-bottle case. Basically, the person we are suing owed a duty of care to its customers,” he told FMT.

According to the health ministry, the Sivagangga cluster originated in Napoh, Kubang Pasu, after an Indian man with permanent resident status flouted a quarantine order imposed on his return from a visit to Sivagangga, a town in Tamil Nadu.

Four mukims in Kubang Pasu were placed under TEMCO with the restaurant closed and sealed until the end of the month.

Last week, the man was sentenced to five months’ jail and fined RM12,000 by a magistrate’s court here for violating home quarantine procedures on July 14.

As of yesterday, there were 148 Covid-19 cases in Kedah, almost half of which were linked to the Sivagangga cluster.

The virus has reportedly spread to Penang and Perlis with 126 and 30 cases respectively.

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