30 Jul 2024
The appeal is dismissed because the plaintiff failed to prove on the balance of probabilities that Yap's car was involved and driven by John Doe with Yap's consent or as his servant; the Sessions Court's factual findings were rational and not plainly wrong, and the burden of proof remains on the plaintiff.
24 Nov 2022
The High Court set aside the Sessions Court judgment because it relied on inadmissible documents not exhibited, the remaining admissible evidence (number plate found hours later) was insufficient to establish the necessary causal link to vehicle XIII NAM 483 absent an adverse inference which was not secured, and the Sessions Court allowed a late amendment and immediately delivered judgment without giving defendants a reasonable opportunity to address recall of witnesses or revise procedural elections; consequently a re-trial was ordered.
24 Nov 2021
The High Court allowed the appellants' appeals, set aside the Sessions Court's judgment on liability because it rested on inadmissible disputed documents and an insufficient causal link based solely on a number plate found hours later, and ordered a full retrial before the same Sessions Court judge; the court emphasized that retrial arrangements and any amendment to sealed orders must follow due process and that administrative channels cannot be used to alter judicial orders.