Elaine Yap Chin Gaik JC:

Introduction

[1] After a full trial, the Sessions Court found the Appellant/Defendant liable to re-pay RM250,000.00 with interest and costs to the Respondent/Plaintiff under an RM275,000.00 friendly loan agreement dated 5 October 2018 ("Agreement"). According to the terms of the Agreement, the RM275,000.00 was repayable in eight instalments between 31 January 2019 and 31 August 2019.

[2] I heard and dismissed the appeal by the Defendant/Appellant as I found no error on the part of the trial Judge to warrant appellate interference. In these brief grounds, I will refer to the parties as they were in the Court below.

Facts in Dispute

[3] The Plaintiff's case is that the Agreement was prepared and signed at the Defendant's request to document the repayment terms for various advances that the Plaintiff had made to the Defendant or at his request between February and April 2018. Thus, the Plaintiff sought to prove that:

(a) Remittances totalling RM275,000.00 had been made to the Defendant or at his request; and

(b) The subsequent Agreement on the repayment is valid and binding.

[4] The gist of the Defence is that the Defendant never received the RM275,000.00 alle