Introduction

[1] This suit concerns a piece of land situated at Daerah Seberang Perai Tengah, Pulau Pinang ("land"‌). Originally, the land was owned by the Plaintiff ("P"‌). It was subsequently transferred to the Defendant ("D"‌). P claims that the transfer is void and sues to recover the land.

[2] After a full trial, I allowed P's claim. Here are the grounds of my judgment.

Background Facts

The Loan From The Defendant To The Plamtiff

[3] P's business was affected by the Covid - 19 pandemic and he was facing financial difficulties. In June 2021, he borrowed money from D ("loan"‌). D is not a licensed moneylender.

[4] There is no written agreement between the parties in relation to the loan. The loan from D to P was disbursed through several payments from June to August 2021.

[5] The total amount of the loan is RM163,850.00 This amount was admitted by D, and is supported by the bank statements produced by him. (See pp 3 to 29 of Bundle B3 of the Common Bundle of Documents, encl 25).

[6] D had imposed interest on the loan at a rate of 6 % per month. This is substantiated by a WhatsApp conversation between the parties in September 2021. (See pp 55 to 61 of Bundle B1 of the Co