RAJA ZAILAN BIN RAJA MANSOR (NRIC NO: 610815-10-6235) SAHARUDIN BIN MD NGARIPIN (NRIC NO: 670308-01-5931)

RAJA ZAILAN BIN RAJA MANSOR (NRIC NO: 610815-10-6235) SAHARUDIN BIN MD NGARIPIN (NRIC NO: 670308-01-5931)

Failure to formally mark or tender an already produced and identified document does not render it inadmissible; where a document is produced and identified and its contents are admitted in pleadings, the document and admissions may be relied upon. The Magistrate erred in excluding the agreement and ignoring admitted facts; on the admitted facts and viva voce evidence the appellant proved his claim on the balance of probabilities, so the appeal is allowed and the Magistrate's decision set aside.

Citation
JA-11BNCVC-17-08/2019 (Mahkamah Tinggi)
Parties
Appellant (plaintiff in Magistrates' Court): Raja Zailan bin Raja Mansor; Respondent (defendant in Magistrates' Court): Saharudin bin Md Ngaripin
Court
High Court
Jurisdiction
Malaysia
Judgment Date
24 February 2020
Case Number
JA-11BNCVC-17-08/2019 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal From Magistrate's Court / High Court Judgment on Appeal
Outcome
Appeal allowed; decision of the Learned Magistrate set aside
Legal Topics
Admissibility of Documents, Tendering and Marking of Exhibits, Burden of Proof, Admissions in Pleadings, Proof on Balance of Probabilities
Source Language
Malay/English
Evidence Contract Civil Procedure Admissibility of Documents Tendering and Marking of Exhibits Burden of Proof Admissions in Pleadings Proof on Balance of Probabilities

Case Brief

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Parties

Raja Zailan bin Raja Mansor

Appellant (plaintiff in Magistrates' Court)

Saharudin bin Md Ngaripin

Respondent (defendant in Magistrates' Court)

Procedural Posture

Civil Appeal From Magistrate's Court / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether failure to tender and mark agreement renders it inadmissible
  2. 2 Whether an admission in pleadings may be treated as proof against the party making it
  3. 3 Whether appellant proved claim on balance of probabilities

Ratio Decidendi

Failure to formally mark or tender an already produced and identified document does not render it inadmissible; where a document is produced and identified and its contents are admitted in pleadings, the document and admissions may be relied upon. The Magistrate erred in excluding the agreement and ignoring admitted facts; on the admitted facts and viva voce evidence the appellant proved his claim on the balance of probabilities, so the appeal is allowed and the Magistrate's decision set aside.

Court Disposition

Appeal allowed; decision of the Learned Magistrate set aside

Orders

  • Appeal allowed
  • Decision of the Learned Magistrate set aside