MOHD ISHA BIN AWANG MOHAMAD IDRIS BIN SERAMAL BARIS

MOHD ISHA BIN AWANG MOHAMAD IDRIS BIN SERAMAL BARIS

The Court of Appeal allowed the appeal because the Syariah Court of Appeal order and related certified extracts were admitted exhibits and, in the absence of challenge at trial, attracted the presumption under s114(e) Evidence Act that judicial and official acts were regularly performed; those documents established that the marriage had been dissolved by judicial separation (faraq), undermining the Plaintiff's enticement claim and requiring the High Court order to be set aside and the defendant's counterclaim remitted for assessment.

Citation
P-02(NCVC)(W)-2426-12/2018 (Mahkamah Rayuan)
Parties
1st Appellant / 1st Defendant: Mohd Isha Bin Awang; Respondent / Plaintiff: Mohamad Idris Bin Seramal Baris; 2nd Defendant: Norieta Binti Osman
Court
NCVC
Jurisdiction
Malaysia
Judgment Date
19 June 2020
Case Number
P-02(NCVC)(W)-2426-12/2018 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Judgment on Appeal (court of Appeal)
Outcome
Appeal allowed; High Court judgment set aside; matter remitted to High Court for assessment of damages on 1st Defendant's counterclaim
Legal Topics
Enticement of Spouse, Judicial Separation (faraq), Admissibility of Public Documents, Presumption of Regularity (s114 Evidence Act), Nominal Damages, Remittal for Assessment of Damages
Source Language
Malay/English
Civil Family Law Tort Evidence Defamation Enticement of Spouse Judicial Separation (faraq) Admissibility of Public Documents +3 more

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Parties

Mohd Isha Bin Awang

1st Appellant / 1st Defendant

Mohamad Idris Bin Seramal Baris

Respondent / Plaintiff

Norieta Binti Osman

2nd Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal (court of Appeal)

Legal Issues

  1. 1 Whether the Syariah Court of Appeal order and related marriage records were admissible and authentic such that the marriage was dissolved by judicial separation (faraq)
  2. 2 Whether presumption under s114(e) Evidence Act applied to the official documents
  3. 3 Whether elements of the tort of enticement were established given the dissolution of marriage

Ratio Decidendi

The Court of Appeal allowed the appeal because the Syariah Court of Appeal order and related certified extracts were admitted exhibits and, in the absence of challenge at trial, attracted the presumption under s114(e) Evidence Act that judicial and official acts were regularly performed; those documents established that the marriage had been dissolved by judicial separation (faraq), undermining the Plaintiff's enticement claim and requiring the High Court order to be set aside and the defendant's counterclaim remitted for assessment.

Court Disposition

Appeal allowed; High Court judgment set aside; matter remitted to High Court for assessment of damages on 1st Defendant's counterclaim

Orders

  • Set aside the High Court judgment
  • Allow 1st Defendant's appeal