26 Aug 2025
BATUMALAY A/L KUOOAN Majlis Perbandaran Klang
- Citation
- BL-A51KJ-5-07/2024 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-A51KJ-5-07/2024 (Mahkamah Sesyen)
Plaintiff failed to discharge the onus to prove that the Accident Scene was under the Defendant's jurisdiction; Defendant produced credible affirmative evidence (witness testimony, Memo Exhibits and MARRIS records) that jurisdiction rested with JKR; absence of proof and failure to call material evidence justified adverse inference under s.114(g); without jurisdiction and requisite legal/physical/circumstantial proximity no duty of care arose; therefore claim dismissed.