1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

1. ) XXXX 2. ) SA'DIAH BINTI SAADON 1. ) XXXX 2. ) IBRAHIM BIN AB GHANI

The High Court's order to recall the plaintiffs' witnesses for further cross-examination was an interlocutory exercise of the trial judge's discretion during an ongoing trial; there was no demonstrated error in that exercise of discretion, therefore the appellate court will not interfere and the appeal is dismissed with costs; the parties must resume trial in the Sessions Court.

Citation
JB-12ANCvC-2-08/2022 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Safirul bin Sabri (by next friend Sa'diah binti Sa'adon); Appellant/plaintiff: Sa'diah binti Sa'adon; Respondent/defendant: Wan Zeity Mazura bin Wan Sahak (personal representative of estate of Iskandar bin Ibrahim, deceased); Respondent/defendant: Ibrahim bin Ab Ghani
Court
High Court
Jurisdiction
Malaysia
Judgment Date
12 March 2023
Case Number
JB-12ANCvC-2-08/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (interlocutory) / Appeal Against High Court Interlocutory Ruling During Ongoing Trial at Sessions Court
Outcome
Appeal dismissed with costs; High Court decision dated 1/8/2022 affirmed
Legal Topics
Interlocutory Orders, Recall of Witnesses, Discovery of Documents, Appellate Review of Judicial Discretion
Source Language
Malay/English
Civil Procedure Evidence Interlocutory Orders Recall of Witnesses Discovery of Documents Appellate Review of Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Safirul bin Sabri (by next friend Sa'diah binti Sa'adon)

Appellant/plaintiff

Sa'diah binti Sa'adon

Appellant/plaintiff

Wan Zeity Mazura bin Wan Sahak (personal representative of estate of Iskandar bin Ibrahim, deceased)

Respondent/defendant

Ibrahim bin Ab Ghani

Respondent/defendant

Procedural Posture

Civil Appeal (interlocutory) / Appeal Against High Court Interlocutory Ruling During Ongoing Trial at Sessions Court

Legal Issues

  1. 1 Whether an order to recall witnesses for cross-examination based on documentary discovery is an interlocutory order not ordinarily appealable
  2. 2 Whether the appellate court should intervene in the trial judge's exercise of discretion absent demonstrable error
  3. 3 Whether contradictions between witness testimony and discovered ambulance log justified recalling witnesses

Ratio Decidendi

The High Court's order to recall the plaintiffs' witnesses for further cross-examination was an interlocutory exercise of the trial judge's discretion during an ongoing trial; there was no demonstrated error in that exercise of discretion, therefore the appellate court will not interfere and the appeal is dismissed with costs; the parties must resume trial in the Sessions Court.

Court Disposition

Appeal dismissed with costs; High Court decision dated 1/8/2022 affirmed

Orders

  • Appeal dismissed with costs in favour of respondents
  • High Court decision permitting recall of witnesses SP1 and SP2 for further cross-examination is upheld