26 Oct 2023
KAMAL HISHAM BIN JA'AFAR 1. ) METRO BAYU SDN BHD 2. ) ANJUNG PERKASA SDN BHD
- Citation
- JA-B52NCvC-35-04/2020 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- JA-B52NCvC-35-04/2020 (Mahkamah Sesyen)
On the balance of probabilities the plaintiff is the beneficial owner of the properties; s73A and witness evidence justified admitting the sale agreements and credit notes; an agency relationship existed between plaintiff and D1 such that D1 was bound to account and pay sums received; D1 failed to account and retain RM432,000, and the cause of action accrued on termination of the agency on 1.12.2014 so the claim filed 9.4.2020 is within the six-year limitation period; accordingly plaintiff's claim is allowed and costs are awarded on the standard scale.