1. ) MUHAMMAD FIRDAUS AKMAL BIN ABD RAZAK 2. ) RUHANI BINTI JUSOH v 1. ) SABRI BIN SEBOK 2. ) MOHD QAYYUM BIN MOHD KHALID

ca-12b-18-12-2024 High Court (Mahkamah Tinggi) 24 September 2025 • CA-12B-18-12/2024

Catchwords

The appeal before this court is the Plaintiffs’ appeal against the entirety of the findings on liability and part of the findings on quantum while the 2nd Defendant cross-appeal is on liability of parties. Briefly, Plaintiffs’ claim arises from a road traffic accident that occurred involving three (3) vehicles between Plaintiffs, 1st Defendant & 2nd Defendant. Consent judgment was recorded between the Plaintiffs and the 1st Defendant without admission of liability while Plaintiffs continued their claim solely against the 2nd Defendant. The 2nd Defendant closed his case without calling any witnesses or giving evidence himself. In upholding the decision of Learned Sessions Court Judge and dismisses both Plaintiffs’ appeal and the 2nd Defendant’s cross-appeal, it was held that failure to adduce evidence is not synonymous with admission of claim and that Plaintiffs must first establish liability before any burden shifts to the defendant. In addition to that, a consent judgment cannot erase the fact that an accident occurred and that the 1st Defendant was involved. In deciding the quantum of damages, the awards given are well reasoned, proportionate and firmly anchored in both evidential valuation as well as legal principles. Hence, both appeals dismissed.

Practice Areas

Judges (1)

Samry bin Masri Delivered

Parties (4)

Mohd Qayyum bin Mohd Khalid Respondent Muhammad Firdaus Akmal bin Abd Razak Appellant Ruhani binti Jusoh Appellant Sabri bin Sebok Respondent

Judgment

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Read on eJudgment

Source: eJudgment (ca-12b-18-12-2024)