Malaysia Case Law: Decisions & Judgments

Topic

Right of way

Legal area

Court

28 Apr 2026

SOH YING CHOON

Citation

CB-83-72-03/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

CB-83-72-03/2024 (Mahkamah Majistret)

Although the accused created a dangerous situation, the prosecution failed to prove beyond reasonable doubt that the accused was solely at fault for the fatal collision under s.41(1) APJ because there was credible evidence that the deceased's conduct (failure to turn despite signalling, apparent speed and lack of braking) significantly contributed to the collision; however the prosecution proved beyond reasonable doubt that the accused drove without due care and attention and therefore the accused is convicted under s.43(1) APJ pursuant to s.41(4) APJ.
14 Jan 2026

1. ) MUHAMMAD NUR SYARIMAN BIN MOHD RIDUAN 2. ) RIZZ IVAN MIKHAIL BIN MOHD RASHID seorang budak mendakwa melalui wakil litigasi (bapa) MOHD RASHID BIN JOHARI 1. ) SITI AISYAH HUMAIRA BINTI SYAHRUL APANDI 2. ) ABD RASHID BIN MYDIN

Citation

KE-A73KJ-87-12/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

KE-A73KJ-87-12/2023 (Mahkamah Majistret)

On the balance of probabilities the first defendant was primarily negligent for failing to give right of way when turning in breach of Rule 3(2)(b); liability apportioned 80% to first defendant (with second defendant vicariously liable as owner) and 20% contributory negligence to plaintiff first; the passenger (infant) is innocent and entitled to full recovery; future surgery was not sufficiently certain to be awarded as special damages but its likelihood was taken into account in general damages; damages and interest awarded accordingly.
6 Nov 2025

MOHD AL HAFIS BIN JAMALUDIN

Citation

PB-86POL-3095-02/2024 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

PB-86POL-3095-02/2024 (Mahkamah Majistret)

After maximum evaluation the prosecution evidence was insufficient and suffered material inconsistencies and omissions (notably lack of proof accused overtook on opposing lane and complainant's failure to confirm use of signal); reasonable inferences favoured the accused; accordingly no prima facie case existed and the accused was discharged and acquitted without being called to answer.
25 Aug 2025

ZAHRAH @ MAKALTHOM BINTI MAT ALI 1. ) MEK BINTI ISMAIL 2. ) MOHAMMAD BIN ISMAIL 3. ) NORAHSIAH BINTI ISMAIL 4. ) PETIMAH @ FATIMAH BINTI ISMAIL 5. ) RUHANI BINTI ISMAIL 6. ) SAI'DI BIN ISMAIL 7. ) MERIYAM BINTI DERAMAN 8. ) Pentadbir Tanah

Citation

DA-24NCvC-460-11/2024 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24NCvC-460-11/2024 (Mahkamah Tinggi)

The court exercised its discretion under s145 NLC and found the plaintiff's plan (Exhibit ZMA-2) to be fair, preserve registered shares and existing holdings, and provide the required lawful access as conditioned by MPKB; the defendants' plan (Exhibit SI-3) lacked a required access solution and was therefore incomplete and unfair; accordingly the court ordered partition according to the plaintiff's plan.
27 Jan 2025

MOHAMMAD NOR SHAFIEE BIN SHAMSUDIN TIGONG 1. ) HASMADI BIN MD SAID 2. ) PENGARAH JABATAN BOMBA DAN PENYELAMAT MALAYSIA 3. ) Kerajaan Malaysia

Citation

MC-A71KJ-2-10/2023 (Mahkamah Majistret)
Court

Magistrates' Court
Case number

MC-A71KJ-2-10/2023 (Mahkamah Majistret)

On the balance of probabilities the court found the defendants' version inherently more probable based on earlier police report by the First Defendant, scene sketch and vehicle damage pattern indicating impact to the First Defendant's left rear, witness testimony including fire team personnel and the plaintiff's delayed police report; accordingly the plaintiff failed to prove defendant negligence and was held 100% liable, and the defendants' counterclaim for repair costs (RM9,694.00) was allowed.
28 Feb 2024

1. ) Wong Bak Kiong 2. ) Chong Shiuk Hien 3. ) Yee Siew Pooi 1. ) Namiq Kunimoto 2. ) Serai Saujana Management Corporation 3. ) SERAI SAUJANA DEVELOPMENT SDN BHD 4. ) PENDAFTAR HAKMILIK NEGERI SELANGOR

Citation

BA-22NCvC-129-05/2020 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-129-05/2020 (Mahkamah Tinggi)

Court found the foyer area was lawfully sold to the 1st Defendant as evidenced by the SPA, as-built drawings and the strata plan; the layout breached UBBL safety requirements but the sale was not void for illegality or public policy because there was no evidence the purchaser was aware of the non-compliance and the facts do not mirror cases of deliberate circumvention (eg Ideal Advantage); liability to rectify rests with the developer who designed/supplied the defective layout; accordingly Suit 129 was dismissed and Suit 451 allowed, ordering the developer to provide an accessible second emer…
27 Oct 2022

SHUMATHI A/P MUNIAPPAN ALEXANDRA CHAN XIN ZI

Citation

AA-A53KJ-46-02/2022 (Mahkamah Sesyen)
Court

Sessions Court
Case number

AA-A53KJ-46-02/2022 (Mahkamah Sesyen)

The default judgment was regular and the defendant failed to specify any irregularity or to demonstrate a meritorious defence on affidavit and by proposed defence; the undisputed facts show defendant entered from a minor road without stopping and plaintiff had right of way, therefore defendant is wholly liable and the application to set aside is dismissed.
17 May 2022

NAHANAIH BINTI SALLEH 1. ) AHMAD ARIZALMAN BIN ARIFIN 2. ) AHMAD AZMADI BIN ARIFIN 3. ) HASIAH BINTI YUSOFF 4. ) NAZRUL BIN MOHD NOR 5. ) NUR AINISA BINTI ARIFIN 6. ) NUR ARILA BINTI ARIFIN 7. ) NUR AWANIS BINTI ARIFIN 8. ) NUR AZIFAH BINTI

Citation

DA-24NCvC-188-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

DA-24NCvC-188-05/2021 (Mahkamah Tinggi)

On the affidavits and evidence the court found NH-1 to be fair: it preserves original occupancy, approximates registered shares, is supported by the majority of co-owners, avoids demolition of existing houses, and provides reasonable access. WMWA-1 was less fair and advantaged Defendants 10 and 11 at others' expense. Therefore the court ordered termination of co-ownership and partition per NH-1, authorized the plaintiff to sign partition documents, and allocated subdivision costs to the plaintiff; no order as to application costs.
30 Jan 2022

DESA BIN SAAD

Citation

JB-42H-21-07/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-42H-21-07/2021 (Mahkamah Tinggi)

Appellant changed from the left lane into the bus's right lane without signalling or ensuring it was safe, breaching traffic rules and causing the fatal collision; evidence established negligence and causation beyond reasonable doubt; therefore conviction under s.43(1) Road Transport Act 1987 and the sentence of RM9,000 (or 8 months' default imprisonment) are affirmed.
11 Jan 2022

1. VANITHA A/P SURENTHERAN [widow suing on her own behalf and a child who are the dependants of the Deceased SUBRAMANIAM A/L MURUGAN] 2. MURUGAN A/L MUNIANDY 3. VEERAMMA A/P MARIMUTHU [suing as a mother and dependent of the Deceased SUBRAMA

Citation

JB-12BNCVC-1-01/2021 (Mahkamah Tinggi)
Court

High Court
Case number

JB-12BNCVC-1-01/2021 (Mahkamah Tinggi)

The High Court affirmed the Sessions Court: the deceaseds were chiefly at fault (70%) because they turned into the defendant's lawful lane in breach of Rule 3(2)(b) Road Traffic Rules 1959, failed to ensure the road was clear, and failed to take precautions (poor lighting, no helmets); the defendants were 30% contributorily negligent. The appellate court found no error in the lower court's evaluation of facts and credibility that would justify interference.