Woman who fell into drain wins case against Kota Bharu council

 

The High Court also awarded RM5,000 in costs to Norshafiqah Saadi. (Reuters pic)

KOTA BARU: The High Court here set aside a sessions court decision to allow more time to the Kota Bharu municipal council to respond to a suit filed by a woman who injured herself after falling into a drain three years ago.

Judge Roslan Abu Bakar, in remitting the matter to the lower court to record a default judgment, also awarded RM5,000 in costs to Norshafiqah Saadi, 26.

The sessions court will now assess damages and make an award to Norshafiqah.

Roslan said the council should have strictly adhered to the Rules of Court 2012.

“Justice is not only for the litigants but also for the law,” he said in allowing Norshafiqah’s appeal.

He said the council had not given reasonable grounds as to why it filed its memorandum of appearance after the 14-day deadline.

Roslan, in his judgment, said the council should have filed the memorandum of appearance first and then looked for a lawyer later.

On Feb 28, 2018, while walking in town, Norshafiqah fell into a drain as the cover gave way, resulting in her suffering injuries and loss of some personal belongings.

She filed a writ and statement of claim against the council and personally served the documents on a clerk at the council on Sept 23 last year.

The council filed for an extension of time on Oct 26 last year.

Norshafiqah then filed her assessment for damages and the sessions court fixed the hearing for Dec 8 last year.

Lawyer Norul Azmatun Mohd Arshad, who represented Norshafiqah, argued that the council, being a large organisation and having a legal department, should not have been late in filing the memorandum of appearance.

Lawyer Aaron Abraham, who appeared for the council, submitted that the delay came about as the suit needed to be referred to the council president or secretary and other relevant departments.

He said approval to go ahead with the suit was given only on Oct 18, and a lawyer was then appointed.

The council said it was not operating on a full scale at that time due to the Covid-19 pandemic. - FMT