RAVI CHANDRAN A/L RAMAIAH ANTHONY SAMY A/L SAVARIMUTHU

RAVI CHANDRAN A/L RAMAIAH ANTHONY SAMY A/L SAVARIMUTHU

The High Court refused to disturb the Sessions Court's findings because the trial judge properly evaluated the evidence, found the statutory declarations and commissioners of oath credible to support the Plaintiff's claim of a RM395,000 loan, and the appeal did not satisfy the 'plainly wrong' or 'insufficient judicial appreciation' thresholds; therefore the appeal is dismissed and the lower court judgment is upheld.

Citation
BA-12B-106-12/2022 (Mahkamah Tinggi)
Parties
Appellant / Defendant: RAVI CHANDRAN A/L RAMAIAH; Respondent / Plaintiff: ANTHONY SAMY A/L SAVARIMUTHU
Court
High Court
Jurisdiction
Malaysia
Judgment Date
20 March 2023
Case Number
BA-12B-106-12/2022 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal / High Court Appeal (appellate Jurisdiction) Judgment on Appeal Heard and Delivered
Outcome
Appeal dismissed; Sessions Court judgment upheld
Legal Topics
Loan Agreement, Statutory Declaration as Proof of Debt, Forged Identity/identity Card Misuse, Caveat Over Land as Security, Burden of Proof, Appellate Intervention/plainly Wrong Test, Stamp Act Implications for Ad Valorem Duty
Source Language
Malay/English
Contract Evidence Property Law Civil Procedure Criminal Procedure (identity Misuse Investigation) Loan Agreement Statutory Declaration as Proof of Debt Forged Identity/identity Card Misuse +4 more

Case Brief

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Parties

RAVI CHANDRAN A/L RAMAIAH

Appellant / Defendant

ANTHONY SAMY A/L SAVARIMUTHU

Respondent / Plaintiff

Procedural Posture

Civil Appeal / High Court Appeal (appellate Jurisdiction) Judgment on Appeal Heard and Delivered

Legal Issues

  1. 1 Whether the Plaintiff proved a RM395,000 loan to the Defendant on balance of probabilities
  2. 2 Whether the Statutory Declarations were admissible and could constitute supporting proof of debt
  3. 3 Whether the Defendant rebutted presumption of authenticity of the Statutory Declarations by alleging forged identity cards

Ratio Decidendi

The High Court refused to disturb the Sessions Court's findings because the trial judge properly evaluated the evidence, found the statutory declarations and commissioners of oath credible to support the Plaintiff's claim of a RM395,000 loan, and the appeal did not satisfy the 'plainly wrong' or 'insufficient judicial appreciation' thresholds; therefore the appeal is dismissed and the lower court judgment is upheld.

Court Disposition

Appeal dismissed; Sessions Court judgment upheld

Orders

  • Appeal dismissed
  • Costs awarded to Respondent in the sum of RM5,000.00 (subject to taxation)