Muhammad Nur Ikmal Bin Razali Shahmareffendy Bin Mohd Umar

Muhammad Nur Ikmal Bin Razali Shahmareffendy Bin Mohd Umar

Plaintiff failed to discharge the burden of proving that defendant's motorcycle BLN 8549 was involved and that defendant was negligent; key exhibits were inadmissible or uncorroborated, plaintiff's evidence and pleadings contained material inconsistencies and radical departures, and therefore the claim must be...

Source-derived case information.

Citation
BL-A53KJ-407-11/2022 (Mahkamah Sesyen)
Parties
Plaintiff: Muhammad Nur Ikmal bin Razali; Defendant: Shahmareffendy bin Mohd Umar
Court
Sessions Court
Jurisdiction
Malaysia
Judgment Date
27 March 2024
Case Number
BL-A53KJ-407-11/2022 (Mahkamah Sesyen)
Procedural Posture
Civil Claim Motor Vehicle Accident / Judgment After Full Trial
Outcome
Plaintiff's claim dismissed
Legal Topics
Negligence, Liability, Burden of Proof, Hearsay, Pleadings
Tort Motor Vehicle Accident Evidence Civil Procedure Negligence Liability Burden of Proof Hearsay +1 more

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Parties

Muhammad Nur Ikmal bin Razali

Plaintiff

Shahmareffendy bin Mohd Umar

Defendant

Procedural Posture

Civil Claim Motor Vehicle Accident / Judgment After Full Trial

  1. 1 Whether plaintiff's motorcycle BHQ 9349 was involved in a collision with defendant's motorcycle BLN 8549 and whether defendant was negligent

Ratio Decidendi

Plaintiff failed to discharge the burden of proving that defendant's motorcycle BLN 8549 was involved and that defendant was negligent; key exhibits were inadmissible or uncorroborated, plaintiff's evidence and pleadings contained material inconsistencies and radical departures, and therefore the claim must be dismissed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Plaintiff's claim dismissed
  • Costs allowed RM7,000.00