27 Nov 2024
NURAZLINA BINTI ABD KADIR 1. ) FAUZIAH BINTI MOHD YUSOF @ MAT YUSOF 2. ) XXXX 3. ) SIM YOKE FONG
- Citation
- CB-12B-2-01/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- CB-12B-2-01/2024 (Mahkamah Tinggi)
Appeal allowed. The Sessions Court erred by applying s.114(g) Evidence Act 1950 and treating plaintiff evidence as automatically true without adequate analysis and without any finding of deliberate withholding or suppression of witness evidence; the liability finding was therefore a material error amounting to being plainly wrong. The proper remedy is to remit the matter to the Sessions Court to permit the defendant to give evidence on liability and quantum. No order as to costs.