1. ) MOHD NAJIB BIN ABU BAKAR 2. ) ABU NIDAL BIN ROMLAN 1. ) Mohd Firdaus @ Omar Bin Mohd Yusof 2. ) Mohd Idros Bin Salleh mendakwa sebagai pentadbir harta pusaka 3. ) Muhamad Ashraaf Bin Md Shariff

1. ) MOHD NAJIB BIN ABU BAKAR 2. ) ABU NIDAL BIN ROMLAN 1. ) Mohd Firdaus @ Omar Bin Mohd Yusof 2. ) Mohd Idros Bin Salleh mendakwa sebagai pentadbir harta pusaka 3. ) Muhamad Ashraaf Bin Md Shariff

The High Court held the Sessions Court Judge was not 'plainly wrong'; on the totality of evidence (investigating officer's findings, consistent witness testimony of respondents, photographs, sketch plan and damage patterns) it was inherently probable that Najib encroached into the common path causing the collisions; therefore the Sessions Court's finding of 100% liability against Najib is upheld and the appeal dismissed.

Citation
PA-12B-50-08/2019 (Mahkamah Tinggi)
Parties
1st Appellant: Mohd Najib Bin Abu Bakar; 2nd Appellant: Abu Nidal Bin Romlan; 1st Respondent: Mohd Firdaus @ Omar Bin Mohd Yusof; 2nd Respondent: Mohd Idros Bin Salleh (as administrator for the estate of Mohd Fariz Bin Salleh); 3rd Respondent: Muhammad Ashraaf Bin Shariff
Court
High Court
Jurisdiction
Malaysia
Judgment Date
13 December 2022
Case Number
PA-12B-50-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Sessions Court / Judgment on Liability Appeal
Outcome
Appeal dismissed; Sessions Court judgment on liability upheld
Legal Topics
Liability, Negligence, Assessment of Evidence, Standard of Appellate Review, Plainly Wrong Principle
Source Language
Malay/English
Tort Motor Vehicle Accident Civil Procedure Personal Injury Liability Negligence Assessment of Evidence Standard of Appellate Review +1 more

Case Brief

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Parties

Mohd Najib Bin Abu Bakar

1st Appellant

Abu Nidal Bin Romlan

2nd Appellant

Mohd Firdaus @ Omar Bin Mohd Yusof

1st Respondent

Mohd Idros Bin Salleh (as administrator for the estate of Mohd Fariz Bin Salleh)

2nd Respondent

Muhammad Ashraaf Bin Shariff

3rd Respondent

Procedural Posture

Civil Appeal From Sessions Court / Judgment on Liability Appeal

Legal Issues

  1. 1 Which party was liable for the multi-motorcycle collision
  2. 2 Whether the Sessions Court Judge was 'plainly wrong' in his findings of fact and law
  3. 3 Whether delays or corrective police reports undermine credibility

Ratio Decidendi

The High Court held the Sessions Court Judge was not 'plainly wrong'; on the totality of evidence (investigating officer's findings, consistent witness testimony of respondents, photographs, sketch plan and damage patterns) it was inherently probable that Najib encroached into the common path causing the collisions; therefore the Sessions Court's finding of 100% liability against Najib is upheld and the appeal dismissed.

Court Disposition

Appeal dismissed; Sessions Court judgment on liability upheld

Orders

  • Appeal dismissed
  • Appellant to pay costs of RM5000.00 to 1st Respondent (Firdaus)