Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Evidence
  • 23 Jan 2026

    SYED SHAH IQMAL BIN SYED MOHD SHAIFUL

    Citation
    BA-42S-9-09/2024 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    BA-42S-9-09/2024 (Mahkamah Tinggi)

    The High Court was correct to infer that an order directing the accused to enter his defence imported that a prima facie case had been made out; after evaluating the totality of evidence including the complainant's credible testimony and supporting factors (complainant's background and mental health effects, accused's status and conduct, chronology and post-event conduct) the elements of rape under s.376(1) were established beyond reasonable doubt; the accused's defence was disbelief/denial with material contradictions and failed to raise reasonable doubt; and the sentence of 10 years impriso…

  • 15 Oct 2025

    1. ) MOHD FIRDHAUS BIN MUSA 2. ) NORHASILAWATI BINTI IBRAHIM 1. ) DMAR UNGGUL ENTERPRISE 2. ) MUHAMMAD FADHIL BIN MUHAMAD

    Citation
    CA-A53KJ-169-06/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    CA-A53KJ-169-06/2024 (Mahkamah Sesyen)

    On the balance of probabilities the defendant's version was more probable; plaintiff 1 contributed to the accident. Liability apportioned 80% to plaintiff 1 and 20% to defendant 2. Court assessed general and special damages as set out in the reasons and reduced defendant's payable share by the apportionment percentage; interest and costs were ordered as specified.

  • 5 Jun 2025

    MARENTARAN A/L SEVAPERUMAL MOHD RAZALI BIN YUSOF

    Citation
    CA-A53KJ-52-03/2023 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    CA-A53KJ-52-03/2023 (Mahkamah Sesyen)

    Special damages claimed were disallowed where not specifically pleaded or strictly proved; appropriate general damages were assessed item by item and awarded in specified sums totaling RM287,000.00; future nursing care was awarded at RM1,000.00 per month over agreed life expectancy (13 years) totaling RM156,000.00; total judgment sum RM443,000.00; interest and costs ordered as specified; Revised Compendium and authorities used as guidance.

  • 18 May 2025

    TAN KIM SENG 1. ) MUHAMMAD FAKRUL AIMAN BIN MOHD FITRI 2. ) NORAZLIZA BINITI SALLEH

    Citation
    DA-A73KJ-586-07/2024 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    DA-A73KJ-586-07/2024 (Mahkamah Majistret)

    On the balance of probabilities the court found the plaintiff established negligence by the defendant; apportioned liability 10% to the plaintiff and 90% to the defendant; general damages were assessed by specific injury heads totaling RM100,500 and reduced by the plaintiff's 10% contributory negligence resulting in an award of RM90,450; special damages for loss of earnings were not awarded due to lack of proof.

  • 14 Nov 2024

    MOHD HANAFI BIN MOHD ZAKI [ ]

    Citation
    DA-42S(A)-1-10/2023 (Mahkamah Tinggi)
    Court
    A
    Case number
    DA-42S(A)-1-10/2023 (Mahkamah Tinggi)

    The High Court dismissed the appeals because the earlier High Court order had established a prima facie case and the appellants' defence failed to create reasonable doubt; the appellate court must defer to trial findings on credibility and factual matters and there was no legal error or manifest unsafety in the convictions or in the sentences, which were not manifestly excessive.

  • 13 Sept 2024

    XXXX XXXX

    Citation
    BJ-A73KJ-153-10/2023 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    BJ-A73KJ-153-10/2023 (Mahkamah Majistret)

    Plaintiff discharged the burden to show defendant struck her from behind while the defendant was riding against the flow of traffic; the defendant failed to rebut material aspects of plaintiff's evidence and inconsistencies in his account and evidence; therefore the defendant was 100% negligent and liable for plaintiff's proven damages; damages awarded as quantified and interest and costs awarded as per applicable rules.

  • 18 Apr 2024

    LEE MEI KIM 1. ) TANG SER CHIEW 2. ) LIM YAR TING 3. ) TETUAN HEE & LIM 4. ) PUBLIC BANK BERHAD, CAWANGAN SEREMBAN 5. ) PANG VENG YAEN

    Citation
    NA-22NCvC-17-04/2020 (Mahkamah Tinggi)
    Court
    High Court
    Case number
    NA-22NCvC-17-04/2020 (Mahkamah Tinggi)

    The written sale agreements of 31.12.2015 were valid, executed voluntarily and binding; an enforceable collateral contract existed concerning payments into the solicitor's client account and repayment/buy‑back obligations; Defendants 1 and 2 breached those contracts and the asserted sale to Defendant 5 was not established as bona fide because Defendant 5 failed to adduce evidence; accordingly plaintiff was entitled to specific performance in respect of the Kepayang property and to damages in lieu and related monetary remedies for the Labu property, together with cancellation of the plaintiff'…

  • 2 Apr 2024

    MOHD AZAMUDIN BIN MOHD ARSHAD TETO ENGINEERING SDN. BHD.

    Citation
    JA-A73KJ-1011-08/2022 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JA-A73KJ-1011-08/2022 (Mahkamah Majistret)

    The plaintiff bore the burden to prove on a balance of probabilities that a road defect caused the accident; investigative evidence was incomplete, photographs were taken years later and inconclusive, and the late police report undermined credibility. Accordingly the court evaluated evidence, found liability not sufficiently proven on primary analysis but proceeded alternatively to assess quantum and ultimately ordered damages totaling RM94,715 with specified interest and costs to be taxed.