8 Sept 2024
1. ) MUHAMMAD HAFIZAM BIN NORDIN 2. ) MUHAMMAD SYAZWAN BIN MAT RABI XXXX
- Citation
- JA-12B-92-11/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- JA-12B-92-11/2020 (Mahkamah Tinggi)
The Court upheld the Sessions Court judge's refusal to allow Enclosure 73 because the defendants failed to demonstrate that the purported new evidence was unforeseen or that reasonable diligence could not have obtained it earlier; the six‑month delay and lack of explanation, together with the prejudice to the plaintiffs, rendered the exercise of discretion to recall improper. Accordingly the interlocutory decision dismissing Enclosure 73 is justified and the evidence arising from the recalled witnesses is to be expunged from the appeal record.