1 Mar 2024
1. ) MOHD HAKEEM BIN HANIFF 2. ) NURUL SHAFINAZ BINTI ABDUL RASHID 1. ) DATUK BANDAR, DEWAN BANDARAYA KUALA LUMPUR 2. ) SISTEM PENYURAIAN TRAFIK KL BARAT HOLDINGS SDN. BHD. 3. ) Time Dotcom Berhad
- Citation
- WA-12BNCvC-56-04/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-12BNCvC-56-04/2023 (Mahkamah Tinggi)
The High Court held that the inaccuracies in the Statement of Claim (road name variation and description as 'large hole' rather than 'manhole') were not fatal because the evidence, admissions and documents produced at trial showed the accident, its general location and cause such that respondents were not taken by surprise; applying the variation versus radical departure test from Ang Koon Kau the Sessions Court erred in dismissing the suit and should have decided on the merits. Accordingly the plaintiffs' appeal against DBKL is allowed, DBKL's cross-appeal on quantum is dismissed, DBKL's ind…