ASMAH BINTI DOL RAHMAN SAMSIAH BINTI HUSNAN

ASMAH BINTI DOL RAHMAN SAMSIAH BINTI HUSNAN

The High Court upheld the Sessions Court's finding that the Plaintiff failed to prove the use of a parang but found uncontested evidence that an attack occurred and that the Defendant admitted fighting and was convicted for affray; given admitted facts and the catch-all prayer, the court exercised its discretion to award compensatory relief in the form of nominal/compensatory damages of MYR40,000 and costs MYR5,000 despite failure to prove the parang allegation.

Citation
JA-12B-22-02/2020 (Mahkamah Tinggi)
Parties
Appellant/plaintiff: Asmah binti Dol Rahman; Respondent/defendant: Samsiah binti Husnan
Court
High Court
Jurisdiction
Malaysia
Judgment Date
8 December 2020
Case Number
JA-12B-22-02/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / Judgment on Appeal to High Court From Sessions Court
Outcome
Appeal allowed in part
Legal Topics
Assault and Affray, Admissibility and Effect of Prior Criminal Conviction in Civil Proceedings, Nominal Damages, Pleadings and Catch All Relief, Appellate Review of Factual Findings
Source Language
Malay/English
Tort Evidence Criminal Law Civil Procedure Assault and Affray Admissibility and Effect of Prior Criminal Conviction in Civil Proceedings Nominal Damages Pleadings and Catch All Relief +1 more

Case Brief

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Parties

Asmah binti Dol Rahman

Appellant/plaintiff

Samsiah binti Husnan

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal to High Court From Sessions Court

Legal Issues

  1. 1 Whether the Defendant used a parang in the attack
  2. 2 Whether the Plaintiff's injuries were caused by a parang
  3. 3 Whether the Defendant's criminal conviction is admissible or can be relied upon in civil proceedings

Ratio Decidendi

The High Court upheld the Sessions Court's finding that the Plaintiff failed to prove the use of a parang but found uncontested evidence that an attack occurred and that the Defendant admitted fighting and was convicted for affray; given admitted facts and the catch-all prayer, the court exercised its discretion to award compensatory relief in the form of nominal/compensatory damages of MYR40,000 and costs MYR5,000 despite failure to prove the parang allegation.

Court Disposition

Appeal allowed in part

Orders

  • Damages awarded to Plaintiff in the sum of MYR40000
  • Costs awarded to Plaintiff in the sum of MYR5000 subject to allocatur fees