Norshahrizal bin Zuraimi v Muhamad Saiful Adha bin Ibrahim & Anor

Applicant(s): Norshahrizal Bin Zuraimi

Respondent(s):

• Muhamad Saiful Adha Bin Ibrahim
• Hassan Bin Sakih

• YA Dato' Azmi Bin Ariffin
• YA Datuk Hayatul Akmal binti Abdul Aziz
• YA Datuk Meor Hashimi bin Abdul Hamid

• The plaintiff's claim for damages arising from a motorcycle accident was dismissed by the Sessions Court and subsequently affirmed by the High Court.
• The plaintiff then sought leave to appeal to the Court of Appeal, indicating he would argue solely on the issue of liability.
• A key factual dispute involved the sequence of collisions, with the plaintiff's witness statement contradicting his own police report and the first defendant's account.

• Whether the applicant met the legal threshold under Section 68(1)(a) of the Courts of Judicature Act 1964 to be granted leave to appeal to the Court of Appeal.
• Whether there was a prima facie case of error in the concurrent findings of fact by the Sessions Court and High Court on the issue of liability.
• Whether the lower Courts erred in preferring the first respondent's version of the accident over the applicant's, given the inconsistencies in the applicant's evidence.

• The Court dismissed the application for leave to appeal, finding that the applicant failed to satisfy the legal threshold for demonstrating a prima facie case of error.
• The Court affirmed the concurrent findings of fact by the Sessions Court and High Court, agreeing that the trial judge had acted on available evidence and made a strong finding on liability.
• The Court concluded that the first respondent's version of events was inherently probable and that the applicant was 100% liable for the accident, thus finding no reason to intervene or reverse the lower Courts' decisions.