2018 MarsdenLR 3213

MAHKAMAH TINGGI MALAYA SHAH ALAM
NORAZMA ABDUL RAHIM & SATU LAGI LWN. AZLAN AHMI (KAND 1)
[Rayuan No: BA-12ANCvC-182-12-2017]

The trial court erred by considering extraneous evidence in dismissing the plaintiffs' action, contrary to established procedural rules.

Headnote:Statute Analysis: The appeal involves the application of Rule 18, Order 19(1) of the Rules of Court 2012 concerning procedural dismissals. Facts: The plaintiffs appealed the decision of the Sessions Court that dismissed their action against the defendant on procedural grounds. Findings: The lower court erred in considering evidence outside the scope permitted under Rule 18, Order 19(2) and disregarded the necessity for fair access to justice.

Issues: The court framed the appeal around procedural propriety and the existence of reasonable cause of action.

Ratio Decidendi: The appellate court reasoned that the trial court's reliance on extraneous evidence constituted a legal misstep, requiring reversal in light of the established right of access to justice.

Result: The appeal was allowed, and the Sessions Court's order was set aside; the action was to be reinstated for trial.