Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Burden of proof on claimant

Legal area

Court

24 Dec 2024

PENUNTUT WAN NURUL SHAFIKA BINTI CHE HUSSAIN Kerajaan Malaysia

Citation

DA-64FOP-7-08/2021 (Mahkamah Sesyen)
Court

Sessions Court
Case number

DA-64FOP-7-08/2021 (Mahkamah Sesyen)

On the balance of probabilities the claimant proved that the seized cash (E1) and bank funds (E5) were lawfully obtained from identifiable lawful sources (land sale, pension, family business, car trading, fishing income and family savings), supported by witness testimony and documents; therefore the court ordered the seized property returned to the claimant under s.32 of Act 340.
30 Jun 2020

HALILAH BINTI ARIPIN

Citation

NA-64FOP-3-09/2018 (Mahkamah Sesyen)
Court

Sessions Court
Case number

NA-64FOP-3-09/2018 (Mahkamah Sesyen)

Claimant produced credible documentary and witness evidence showing joint ownership, lawful purchase and financing of the property (loan and consistent salaries and lawful business income); respondent failed to prove the property was derived from or used in a prohibited activity or was 'illegal property' under Akta 340; therefore under s32(3) the Sessions Court was required to order the return of the seized property to the claimant.