JUDGMENT

Mohd Arief Emran Arifin JC:

[1] This case concerns the Plaintiff's ("Respondent") application for summary judgment against the Defendant ("Appellant") which was allowed by the learned Sessions Court Judge on 6 August 2020.

[2] The Appellant, unhappy with the decision of the learned Sessions Court Judge filed an appeal to the High Court as seen in its Notice of Appeal dated 10 August 2020.

[3] After hearing parties on 27 April 2021 and reading the cause papers as well as the submissions filed, I allowed the appeal and remit the case back to the Sessions Court for the matter to be set down for trial. The Respondent has since filed its appeal against my decision, and I hereby provide my reasons for allowing the appeal and why I decided to have this suit be fixed for a full trial before the Sessions Court.

A. The Law On Order 14

[4] For a party to successfully obtain an order for summary judgment, it must be shown to Court that the Defendant has no defence to a claim. The law concerning an O 14 application is trite and are summarised as follows:

(i) The application for a summary judgment application is based on the pleadings and the affidavit evidence presented by both the Plaintiff