11 Feb 2026
XXXX 1. ) AHMAD MURSYIDIN BIN ABDULLAH 2. ) YAYASAN ISLAM TERENGGANU
- Citation
- TA-B53-1-01/2023 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- TA-B53-1-01/2023 (Mahkamah Sesyen)
On the balance of probabilities the court found the defendants' version (that the child fell while playing) more credible than the plaintiff's version; plaintiff failed to discharge the burden of proof on liability and quantum beyond a limited medical assessment; insufficient basis for finding assault or a breach amounting to actionable battery by Defendant 1 and insufficient connection to impose vicarious liability on Defendant 2; accordingly the plaintiff's wider claims were rejected and only limited compensation aligned to medical injury assessment was accepted.