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HIGH COURT SABAH & SARAWAK KOTA KINABALU
NURINAH ALIP & ANOR – Appellant
Versus
EDWIND E S BANTING @ EDDIE MOHD BANTING & ANOR – Respondent
| Table of Content |
|---|
| 1. introduction to the appeal and case background. (Para 1 , 2 , 4) |
| 2. court observations on the findings of the initial ruling. (Para 9 , 10 , 23 , 34 , 40 , 42) |
| 3. appellant's arguments and issues raised in the appeal. (Para 11 , 12 , 14) |
| 4. application of legal principles concerning liability. (Para 79 , 92) |
| 5. final judgment and conclusions drawn by the court. (Para 100) |
Introduction
[1] This is the 1st and 2nd Appellants' Appeal from the decision of the learned Sessions Court Judge ("SCJ") on 13 November 2020 in dismissing the 1st and 2nd Appellants' claim against the 1st and 2nd Respondents with costs.
[2] The cause of action here is for General and Special Damages arising from a road accident in which the 1st and 2nd Appellants, who were pedestrians on the road at the material times, were being knocked by the Defendants' motor-vehicle Perodua Viva bearing registration No SAB 4378 B.
[3] For the purpose of this appeal, the parties shall be referred as they were in the Court below, interchangeably as Appellants and Respondents.
Salient Fact Of Case
[4] The 1st and 2nd Appellants' claim against the 1st and 2nd Respondents was for damages arising out of a
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