Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Ownership of chattel
  • 10 Nov 2022

    ANG WEI JUN KEY POWER SDN BHD

    Citation
    JA-A72NCvC-585-08/2020 (Mahkamah Majistret)
    Court
    Magistrates' Court
    Case number
    JA-A72NCvC-585-08/2020 (Mahkamah Majistret)

    On the balance of probabilities the court found the plaintiff to be the registered owner but that the plaintiff failed to prove the defendant made representations amounting to a warranty that the vehicle was fit for purpose at the time of sale, the one-month warranty had expired before the engine failure, plaintiff did not notify defendant or allow inspection, plaintiff failed to adduce expert evidence proving engine defect and causation attributable to the defendant, and the claimed quantum was not proved; the alleged fraud in obtaining the earlier order was not established. Accordingly the…