JUDGEMENT

Quay Chew Soon JC:

Introduction

[1] This is an appeal against the decision of the learned Sessions Court Judge ("SCJ"). The SCJ had allowed the Respondent's application for summary judgment under O 14 of the Rules of 2012 against the Appellants.

[2] I dismissed the appeal. Here are the grounds of my decision. The parties shall be referred to as they were in the Court below. Where the Respondent was the Plaintiff ("P") and the Appellants were the Defendants. The Defendants are individually referred to as the 1st Defendant ("D1") and 2nd Defendant ("D2") respectively.

Background Facts

[3] P's suit in the Sessions Court was for the sum of RM500,000 due and owing by the Defendants to P under a letter agreement dated 20 December 2019 ("Letter Agreement"). Pursuant to the Letter Agreement, P agreed to lend to D1 a friendly loan in the sum of RM500,000 in cash ("Loan").

[4] The Letter Agreement was issued to P by D1 on its letterhead. It was signed by D1 and guaranteed by D2. D2 is a director of D1.

[5] Under the first paragraph of the Letter Agreement, D1 confirmed that it had received the Loan from P. It reads:

"We hereby confirm that accepted friendly loan amount from Mr Ng Chee Meng