30 Nov 2021
DATO’ ROBERT TEO KENG TUAN [NO. K/P: 500504-08-6225] (yang mendakwa sebagai Wasi kepada Harta Pusaka Lee Soh Hua, si mati) TEO KENG HOCK [NO. K/P: 470226-05-5191]
- Citation
- NA-A52NCVC-3-01/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- NA-A52NCVC-3-01/2020 (Mahkamah Sesyen)
On the balance of probabilities the statutory declaration of 18/01/2008 and the 12 undated cheques proved the existence of a RM120,000 loan from the deceased to the defendant and that the deceased granted extensions which tolled limitation until her death; the plaintiff obtained locus to sue only after grant of probate on 18/01/2018 so the limitation defence fails; interest was refused because there was no evidence the loan carried interest; costs awarded to plaintiff on scale.