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HIGH COURT MALAYA JOHOR BAHRU
JAYAKUMARI JERAMAN – Appellant
Versus
CIMB BANK BERHAD & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiff's status and loan details. (Para 1 , 2 , 3 , 4 , 5) |
| 2. plaintiff's claims against defendants. (Para 6 , 7 , 8 , 9) |
| 3. defendants' defenses and counterclaims. (Para 11 , 12 , 13) |
| 4. court's analysis on burden of proof. (Para 14 , 15 , 16 , 17 , 18) |
| 5. court's reasoning on breach of contract. (Para 19 , 20 , 21 , 22 , 23) |
| 6. negligence analysis by the court. (Para 24 , 25 , 26) |
| 7. court’s analysis on 2nd defendant’s obligations. (Para 27 , 28 , 29 , 30 , 31) |
| 8. final judgment and implications. (Para 33) |
[1] The plaintiff is the widow of Ganasanmurthi A/L Chinappan; (deceased). She is suing as the administrator of the Estate of the deceased for breach of contract and for negligence against the 1st defendant bank and the 2nd defendant insurer.
Brief Account Of The Facts
[2] The deceased was an employee of Syarikat Air Johor Sdn Bhd ('SAJ'). He applied for a housing loan ('the Loan') from the 1st defendant to finance the purchase of a low cost house. Pursuant to a letter of offer dated 22 August 1996, the 1st defendant offered to the deceased a loan facility of RM30,127.00 comprising of (i) a housing loan of RM29,301.00 and (ii) a Mortgage Reducing Term A
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