In the case of Wan Zaizul Adli Wan Zulkifli v. NTP World Corporation Sdn Bhd & Ors [2022] 1 LNS 781, the court addressed the issue of determining the authenticity of a signature in a document. The following are the key takeaways on this issue from the case:
1. Preference for Direct Evidence: When deciding whether a signature is genuine, the court tends to give more weight to the direct testimony of a disinterested witness who personally witnessed the signing of the disputed document over the opinion of a handwriting expert.
2. Credibility of Witness: The witness providing direct evidence must be credible even after cross-examination. Their credibility is crucial in establishing the authenticity of the signature.
3. Value of Handwriting Expert Opinion: While expert opinions on handwriting are admissible, they should be treated with caution. Forming opinions based on handwriting is an empirical process prone to error. Direct and trustworthy evidence from witnesses who saw the signing of the document can outweigh expert opinions.
4. Importance of Attesting Witnesses: In cases where a document is required by law to be attested, the testimony of an attesting witness is considered primary evidence of its execution.
5. Credibility of Witness: The credibility of the attesting witness is crucial. A witness can be found to be a disinterested and credible witness, despite his friendship with the parties in the action.
6. Discrepancies in Testimonies: Minor discrepancies in the recollection of events, such as the dates mentioned by witnesses, may not necessarily discredit their testimonies. In this case, the court considered the lapse of time and the plausibility of explanations provided.
This case highlights the delicate balance between direct testimony and expert opinions when determining the authenticity of signatures in legal documents. The credibility and reliability of witnesses play a significant role in establishing the truth.
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