20 Mar 2023
SELVARAJA NAMACHIVAYAM N.JEGANATHAN A/L ARA.NACHIAPPAN
- Citation
- PA-12A-34-07/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12A-34-07/2022 (Mahkamah Tinggi)
The High Court found the defendant's sworn statutory declaration admitting receipt of RM700,000 and the written Friendly Loan Agreement were documentary evidence that could not be contradicted by inconsistent oral assertions under s91/s92 Evidence Act; defendant failed to plead or particularise duress, undue influence or other exceptions, and non-stamping did not create a bona fide triable issue; accordingly there was no meritorious defence and summary judgment was properly entered and should be upheld.