ABDUL KARIM ABDUL AZIZ 1. ) IDA SHAZREEN BINTI OMAR 2. ) NURUL AQIDAH BINTI OTHMAN 3. ) RAIHAN BINTI ABD KARIM

ABDUL KARIM ABDUL AZIZ 1. ) IDA SHAZREEN BINTI OMAR 2. ) NURUL AQIDAH BINTI OTHMAN 3. ) RAIHAN BINTI ABD KARIM

The appeal was dismissed as incompetent because the appellant filed the notice of appeal and the appeal record outside the time limits prescribed by the Rules of Court 2012 without any application for extension under r.1A; alternatively, on the merits the court affirmed the Sessions Court's findings that the defendant committed repeated tortious sexual harassment against the plaintiffs on the balance of probabilities and that the award of RM50,000 to each plaintiff was reasonable; criminal acquittal was not admitted as fresh evidence and could not displace the civil findings without following r.7.

Citation
JA-12BNCvC-12-06/2023 (Mahkamah Tinggi)
Parties
Appellant/defendant: Abdul Karim Bin Abdul Aziz; Respondent/plaintiff: Ida Shazreen Binti Omar; Respondent/plaintiff: Nurul Aqidah Binti Othman; Respondent/plaintiff: Raihan Binti Abd Karim
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 November 2025
Case Number
JA-12BNCvC-12-06/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (appeal From Sessions Court) / Appeal Judgment
Outcome
Appeal dismissed; Sessions Court judgment affirmed
Legal Topics
Sexual Harassment (tort), Damages Assessment, Appeal Competence and Timeliness, Fresh Evidence Rules, Judicial Appreciation of Evidence
Source Language
Malay/English
Tort Sexual Harassment Civil Procedure Evidence Sexual Harassment (tort) Damages Assessment Appeal Competence and Timeliness Fresh Evidence Rules +1 more

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Parties

Abdul Karim Bin Abdul Aziz

Appellant/defendant

Ida Shazreen Binti Omar

Respondent/plaintiff

Nurul Aqidah Binti Othman

Respondent/plaintiff

Raihan Binti Abd Karim

Respondent/plaintiff

Procedural Posture

Civil Appeal (appeal From Sessions Court) / Appeal Judgment

Legal Issues

  1. 1 Whether the appeal is incompetent for late filing of the notice of appeal and record
  2. 2 Whether the trial judge was plainly wrong or failed to judicially appreciate the evidence
  3. 3 Whether the defendant committed acts amounting to tortious sexual harassment against the plaintiffs on the balance of probabilities

Ratio Decidendi

The appeal was dismissed as incompetent because the appellant filed the notice of appeal and the appeal record outside the time limits prescribed by the Rules of Court 2012 without any application for extension under r.1A; alternatively, on the merits the court affirmed the Sessions Court's findings that the defendant committed repeated tortious sexual harassment against the plaintiffs on the balance of probabilities and that the award of RM50,000 to each plaintiff was reasonable; criminal acquittal was not admitted as fresh evidence and could not displace the civil findings without following r.7.

Court Disposition

Appeal dismissed; Sessions Court judgment affirmed

Orders

  • Appeal dismissed
  • Sessions Court judgment awarding RM50,000 to each plaintiff is affirmed