Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Admissibility of foreign documents

Legal area

Court

22 Jul 2021

AFRIZAL BIN RAMLI [PENTADBIR HARTA PUSAKA SITI AISYAH BINTI HAJI SULAIMAN PENTADBIR TANAH DAERAH HULU LANGAT

Citation

BA-24NCVC-211-02/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-24NCVC-211-02/2021 (Mahkamah Tinggi)

The application was dismissed because the applicant failed to prove on the balance of probabilities that the deceased was the same person as the registered proprietor Siti Aisjah binti Haji Sulaiman: there was a material discrepancy in citizenship between the land title (Malaysian) and the deceased (Indonesian), a difference in name spelling, and the Indonesian documents tendered were uncertified; combined with the conclusive effect of the land register under s89 National Land Code, the court would not grant the declaratory relief or order the payout.
24 Sept 2020

Peter Onyeka Nnaegbo

Citation

B-05(M)-177-03/2018 (Mahkamah Rayuan)
Court

M
Case number

B-05(M)-177-03/2018 (Mahkamah Rayuan)

Given that all capsules were excreted from the appellant, custody and control were established and s37(d) presumption of possession and knowledge applied; the quantity (613.1g total) and concealment by swallowing to avoid detection supported inference of trafficking under s2; appellant failed to rebut the statutory presumption or to prove intoxication or duress on the balance of probabilities; IDD85 and IDD86 were inadmissible as hearsay and non-compliant with CPC; therefore conviction and death sentence were properly affirmed.