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2024 MarsdenLR 1028

HIGH COURT MALAYA KUALA LUMPUR
LIM MEI JIN – Appellant
Versus
LOH YUEN TUCK – Respondent


JUDGMENT

Atan Mustaffa Yussof Ahmad J:

[1] The Plaintiff, suing as the executrix and trustee of the estate of Loh Yuen Weng ("the Deceased'), claims against the Defendant, the brother of the Deceased, for the sum of RM1,610,000 arising from a friendly loan extended by the Deceased to the Defendant pursuant to a Memorandum of Agreement for Private Placement Shares dated 17 April 2015 ("MOA"). Having considered the evidence and the submissions of the parties, I find in favour of the Plaintiff and allow the claim, albeit for the lesser sum of RM910,000. These are the grounds for my decision.

Whether There Is Accord And Satisfaction With Regards To The Defendant's Obligations Under The MOA And Consultancy Agreement

[2] The Defendant submits that there has been accord and satisfaction of the sums owed by him to the Deceased under the MOA dated 17 April 2015 and the related Consultancy Agreement of the same date between the Deceased and Connect IOT Sdn Bhd ("CISB"). The Defendant contends that of the RM910,000 disbursed by the Deceased under the MOA, a total of RM739,516 was repaid in the following manner: RM50,000 by the Defendant himself through two transactions of RM30,000 and RM20,000 re


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