LATIFAH BINTI MAT ALI (membawa tindakan ini sebagai isteri yang sah kepada Si Mati MAT RANI BIN ISMAIL bagi tuntutan di bawah Seksyen 7 dan Seksyen 8 Akta Undang-Undang Sivil 1956) 1. ) TENGKU MUHAMAD HANIF BIN TENGKU SHAMSUDIN 2. ) ABDUL S

LATIFAH BINTI MAT ALI (membawa tindakan ini sebagai isteri yang sah kepada Si Mati MAT RANI BIN ISMAIL bagi tuntutan di bawah Seksyen 7 dan Seksyen 8 Akta Undang-Undang Sivil 1956) 1. ) TENGKU MUHAMAD HANIF BIN TENGKU SHAMSUDIN 2. ) ABDUL S

The claim was dismissed for want of locus standi because the plaintiff failed to adduce documentary proof of a lawful marriage (no marriage certificate exhibited or tendered as an exhibit), which was fatal to her entitlement under section 7 Civil Law Act 1956; alternatively, on the merits the court found the first...

Source-derived case information.

Citation
DD-A73KJ-104-10/2022 (Mahkamah Majistret)
Parties
Plaintiff: Latifah binti Mat Ali; Defendant: Tengku Muhamad Hanif bin Tengku Shamsudin; Defendant: Abdul Sani bin Ahmad
Court
Magistrates' Court
Jurisdiction
Malaysia
Judgment Date
30 November 2023
Case Number
DD-A73KJ-104-10/2022 (Mahkamah Majistret)
Procedural Posture
Civil Claim for Wrongful Death Damages Arising From Road Traffic Accident / Judgment (first Instance)
Outcome
Claim dismissed for want of locus standi; alternatively on merits defendant not liable; no order as to costs.
Legal Topics
Wrongful Death, Negligence, Locus Standi (standing), Burden of Proof, Admissibility of Documentary Evidence, Bereavement Damages
Tort Road Traffic Law Civil Evidence Civil Procedure Wrongful Death Negligence Locus Standi (standing) Burden of Proof +2 more

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Parties

Latifah binti Mat Ali

Plaintiff

Tengku Muhamad Hanif bin Tengku Shamsudin

Defendant

Abdul Sani bin Ahmad

Defendant

Procedural Posture

Civil Claim for Wrongful Death Damages Arising From Road Traffic Accident / Judgment (first Instance)

  1. 1 Whether the plaintiff had locus standi as the lawful wife of the deceased
  2. 2 Whether the first defendant was negligent and liable for the deceased's death
  3. 3 Whether documentary proof may be dispensed with and the sufficiency of oral testimony and police report

Ratio Decidendi

The claim was dismissed for want of locus standi because the plaintiff failed to adduce documentary proof of a lawful marriage (no marriage certificate exhibited or tendered as an exhibit), which was fatal to her entitlement under section 7 Civil Law Act 1956; alternatively, on the merits the court found the first defendant was not negligent and the deceased was the author of his own misfortune. No order as to costs was made. For completeness and in the event of a successful appeal on locus standi, the court assessed quantum at RM35,000 with specified interest rates.

Court Disposition

Claim dismissed for want of locus standi; alternatively on merits defendant not liable; no order as to costs.

Orders

  • Plaintiff's claim dismissed for lack of locus standi (failure to prove lawful marriage).
  • No order as to costs; each party to bear their own costs.