25 Apr 2024
MOHAMAD RAPI BIN RANI ZAHIB BIN BAKAR
- Citation
- CH-A72NCvC-5-04/2022 (Mahkamah Majistret)
- Court
- Magistrates' Court
- Case number
- CH-A72NCvC-5-04/2022 (Mahkamah Majistret)
Court found on the balance of probabilities that the parties mutually agreed to rescind the sale agreement in June 2019; demand letter dated 5/8/2019 delivered by registered post was deemed received on 28/8/2019 and the cause of action for recovery of the deposit accrued then; the six‑year limitation period therefore expires 27/8/2025 and the writ filed 14/4/2022 is timely; the court accepted the solicitor's administrative letter as valid and rejected defendant's section 114(g) inference because adequate explanation was given for not calling the former solicitor; on merit plaintiff proved pay…