Shanmathi Sashidharan
PUTRAJAYA:
In September 2016, the Respondent lent a sum of
RM 1,000,000.00 to the Appellant by way of a
friendly loan.
The central issue at the High Court was whether
the Appellant had requested the friendly loan and
eventually received the sum from the Respondent.
The issue raised was answered in the affirmative by the trial judge. YA Puan Norliza binti Othman held
that the fact that the Appellant had received the RM 1 million from the Respondent was proved via
documentary and oral evidence of witnesses.
Dissatisfied with the High Court’s judgment, the Appellant appealed to the Court of Appeal. The Court
of Appeal dismissed the appeal here today.
The appeal was heard before YA Datuk Nantha Balan, YA Datuk Supang Lian and YA Dato’ Ahmad
Zaidi. The bench particularly highlighted the Appellant counsel’s failure to cross-examine the
Respondent’s witnesses on material issues which rendered the acceptance of the witness’s testimony. The
bench went on further and stated that the Appellant’s defence was a bare denial which were not
supported by any witnesses nor documentary evidence.
The Respondent was represented by Dato’ Geethan Ram Vincent and Ms. Lavinia Raja.