1. ) MUKHLISIN BIN SAMSUL 2. ) ABU BAKAR BIN CUT UMAR MUHAMMAD MUZAMMIL BIN ABDULLAH

1. ) MUKHLISIN BIN SAMSUL 2. ) ABU BAKAR BIN CUT UMAR MUHAMMAD MUZAMMIL BIN ABDULLAH

The trial court's factual findings, supported by the police sketch, vehicle damage patterns and witness evidence, made the plaintiff's version more probable; Defendant 2 was negligent in turning right into the plaintiff's lawful lane without ensuring it was safe, there was no contributory negligence by the...

Source-derived case information.

Citation
BL-12B-21-12/2020 (Mahkamah Tinggi)
Parties
Appellant: Mukhlisin bin Samsul; Appellant: Abu Bakar bin Cut Umar; Respondent (plaintiff, Minor): Muhammad Muzammil bin Abdullah; Respondent (next Friend/representative): Rahimah binti A Talib
Court
High Court
Jurisdiction
Malaysia
Judgment Date
21 June 2021
Case Number
BL-12B-21-12/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (motor Vehicle Negligence) / Judgment on Appeal to High Court
Outcome
Appeal dismissed; Sessions Court finding of 100% liability against the defendants upheld
Legal Topics
Liability for Collision, Contributory Negligence, Burden of Proof, Use of Documentary and Forensic Vehicle Evidence, Costs
Tort Negligence Road Traffic Law Evidence Civil Procedure Liability for Collision Contributory Negligence Burden of Proof +2 more

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Summary, issues, holding and outcome

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Parties

Mukhlisin bin Samsul

Appellant

Abu Bakar bin Cut Umar

Appellant

Muhammad Muzammil bin Abdullah

Respondent (plaintiff, Minor)

Rahimah binti A Talib

Respondent (next Friend/representative)

Procedural Posture

Civil Appeal (motor Vehicle Negligence) / Judgment on Appeal to High Court

Legal Issues

  1. 1 Whether Defendant 2 negligently turned right into plaintiff's lane causing the collision
  2. 2 Whether Plaintiff failed to take reasonable care or was contributorily negligent
  3. 3 Whether Plaintiff's lack of a valid driving licence is relevant to liability

Ratio Decidendi

The trial court's factual findings, supported by the police sketch, vehicle damage patterns and witness evidence, made the plaintiff's version more probable; Defendant 2 was negligent in turning right into the plaintiff's lawful lane without ensuring it was safe, there was no contributory negligence by the plaintiff, and therefore the appellants are 100% liable for the collision; the appeal is dismissed.

Court Disposition

Appeal dismissed; Sessions Court finding of 100% liability against the defendants upheld

Orders

  • Appeal dismissed
  • Sessions Court judgment affirmed