6 Aug 2019
Bank Kerjasama Rakyat Malaysia Berhad 1. M. Kamala a/p Perumal @ Muthusamy 2. Raventeran a/l Vadivelu
- Citation
- 12BM-1-01/2019 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- 12BM-1-01/2019 (Mahkamah Tinggi)
Section 21 Limitation Act applies because an equitable charge arose despite non-registration, so the claim was not time barred; however the Plaintiff failed to prove the claimed outstanding sum on balance of probabilities because the statement of account contained manifest errors (miscellaneous and legal fees, unexplained insurance and late charges) rendering it unsafe as conclusive evidence; because no registered charge existed the Plaintiff had no right to retain the original title deed and must return it; unjust enrichment failed because Plaintiff did not prove the amount owed and Defendan…