EZWAN BIN RASUL MOHD ARIF BIN MANSOR
Plaintiff proved payment of RM 317,250 and limited his relief to a refund; Defendant's alleged RM 300,000 loan was not sufficiently pleaded or proved as a set-off and therefore did not defeat the refund claim; Court ordered refund with interest and costs.
Source-derived case information.
- Citation
- BA-22NCvC-306-06/2018 (Mahkamah Tinggi)
- Parties
- Plaintiff: Ezwan bin Rasul; Defendant: Mohd Arif bin Mansor
- Court
- High Court
- Jurisdiction
- Malaysia
- Judgment Date
- 7 April 2023
- Case Number
- BA-22NCvC-306-06/2018 (Mahkamah Tinggi)
- Procedural Posture
- Civil (property/constructive Trust/refund) / Judgment (trial)
- Outcome
- Judgment for Plaintiff
- Legal Topics
- Constructive Trust, Refund of Contributions, Set Off, Interest, Costs
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezwan bin Rasul
Plaintiff
Mohd Arif bin Mansor
Defendant
Procedural Posture
Civil (property/constructive Trust/refund) / Judgment (trial)
Legal Issues
- 1 Whether the Plaintiff holds a beneficial interest/constructive trust in the property
- 2 Whether the Plaintiff is entitled to refund of monies paid towards purchase
- 3 Whether the Defendant may rely on an unpleaded alleged loan as a set-off
Ratio Decidendi
Plaintiff proved payment of RM 317,250 and limited his relief to a refund; Defendant's alleged RM 300,000 loan was not sufficiently pleaded or proved as a set-off and therefore did not defeat the refund claim; Court ordered refund with interest and costs.
Court Disposition
Judgment for Plaintiff
Orders
- Defendant to pay Plaintiff RM 317,250
- Interest on RM 317,250 at 5% per annum from date of judgment to realization
Full Case Text
Judgment text and source record
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