8 Nov 2024
DATO' SERI SHANMUGAM A/L RAMASAMY ADISIVAN A/L VERASAMY
- Citation
- BL-A52NCC-76-10/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- BL-A52NCC-76-10/2022 (Mahkamah Sesyen)
On the balance of probabilities the plaintiff failed to prove the transfers amounted to a loan. Bank slips only prove transfers; there was no contemporaneous written agreement or credible documentary record; plaintiff's conduct (failure to create any loan documentation despite business acumen and ample opportunity) was inconsistent with being a lender; the police report was a belated afterthought and WhatsApp messages lacked probative content. Claim dismissed with costs.