HALIB BIN KASA 1. ) NOR FATIN ANIEJAWATY BINTI MOHAMAAD ROHAIZAN 2. ) RUSLAN BIN MANSHOR

HALIB BIN KASA 1. ) NOR FATIN ANIEJAWATY BINTI MOHAMAAD ROHAIZAN 2. ) RUSLAN BIN MANSHOR

Investigating officer's evidence that debris may have been moved and that the road only accommodates one car meant the plaintiff failed to prove on the balance of probabilities that the defendant entered the plaintiff's lane; plaintiff did not discharge the onus of proof and there was no reliable evidence to...

Source-derived case information.

Citation
KD-A53KJ-17-07/2022 (Mahkamah Sesyen)
Parties
Plaintiff: Halib bin Kasa; Defendant One: Nor Fatin Aniejawaty binti Mohammad Rohaizan; Defendant Two: Ruslan bin Manshor
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
19 February 2023
Case Number
KD-A53KJ-17-07/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Negligence (motor Accident) / Judgment on Liability (sessions Court)
Outcome
Liability apportioned equally: Plaintiff 50% and Defendants 50% on liability.
Legal Topics
Negligence, Onus of Proof, Apportionment of Liability, Evidence
Tort Motor Vehicle Accidents Civil Procedure Negligence Onus of Proof Apportionment of Liability Evidence

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Parties

Halib bin Kasa

Plaintiff

Nor Fatin Aniejawaty binti Mohammad Rohaizan

Defendant One

Ruslan bin Manshor

Defendant Two

Procedural Posture

Civil Negligence (motor Accident) / Judgment on Liability (sessions Court)

Legal Issues

  1. 1 Whether defendant entered plaintiff's lane causing collision
  2. 2 Whether plaintiff discharged the onus of proof on balance of probabilities
  3. 3 Whether liability should be apportioned and in what proportions

Ratio Decidendi

Investigating officer's evidence that debris may have been moved and that the road only accommodates one car meant the plaintiff failed to prove on the balance of probabilities that the defendant entered the plaintiff's lane; plaintiff did not discharge the onus of proof and there was no reliable evidence to distinguish blame, so liability was apportioned equally between plaintiff and defendants (50% each).

Court Disposition

Liability apportioned equally: Plaintiff 50% and Defendants 50% on liability.

Orders

  • Liability apportioned: Plaintiff 50% and Defendants 50%