JUDGMENT

Ahmad Bache J:

(Appeal from the Session's Court)

A. Introduction

[1] The Plaintiff had filed a Writ and Statement of Claim against the Defendant for the payment of monies purportedly borrowed by the Defendant from him at the Court below. The Session's Judge, after hearing submissions from both parties, had struck out the Plaintiff's claim under O 18 r 19 of the Rules of 2012.

[2] Dissatisfied, the Plaintiff had filed a Notice of Appeal to this Court.

[3] Upon hearing submissions by both parties, this Court disallowed the appeal and affirmed the Session's Judge's decision with no order as to cost.

[4] Dissatisfied, the Plaintiff had filed an appeal to the Court of Appeal.

[5] Herewith are the grounds of judgment for the decision.

B. Brief Background Facts

[6] The Plaintiff and the Defendant are closely related. The Defendant has a family business named "PA Wahab and Company Sdn Bhd." ("the Company"). The Defendant is one of the directors and shareholders of the Company. The Plaintiff is an individual who is also the nephew of "PA Abdul Wahab".

[7] According to the Plaintiff in 2010, the Defendant faced financial difficulties which then led to the failure of the family business, ie "P