29 Nov 2024
UNITED OVERSEAS BANK (MALAYSIA) 1. ) UNI PLATINUM SDN BHD 2. ) NAZERIHAN BIN SENAWI 3. ) NYUN LAI SIAM 4. ) CHEW YEONG PIAU 5. ) HENG ZOEY
- Citation
- WA-A72NCC-5119-02/2023 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- WA-A72NCC-5119-02/2023 (Mahkamah Majistret)
Although the court accepted on balance of probabilities that D5 signed the guarantee, was present for signing (supported by biometric verification, witness testimony and handwriting expert opinion) and that there was no convincing proof of forgery, the Plaintiff failed to adduce any evidence that a notice of demand was sent or received by D5. Because service of a demand is a pre-requisite to enforce a guarantor's liability for an on-demand facility, the Plaintiff's claim against D5 was premature and must be dismissed; costs RM5,000 awarded to the Defendants.