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2015 MarsdenLR 1528

HIGH COURT MALAYA SEREMBAN
SERI MURNI RESOURCES SDN BHD – Appellant
Versus
TENAGA NASIONAL BERHAD – Respondent


Table of Content
1. background of the case involving a damage claim. (Para 1 , 2 , 4)
2. acknowledgment of debt impacts limitation period. (Para 7 , 10)
3. court emphasizes importance of acknowledgment in claims. (Para 8 , 9 , 12 , 14)
4. final decision on dismissal and cost ordered. (Para 23)
Kamaludin Md Said JC:

Background Of The Case

[1] On or about 2 January 2008, the Respondent discovered that the Respondent's underground cable situated between PMU Salak Tinggi and SSU Enstek No 1 ("the Area") was damaged. Further investigation conducted by the Respondent shows that the damage done was as a result of the works carried out by the Appellant and/or its agents and/or its employees at the vicinity of the Area.

[2] Following this, the Respondent issued a demand on 18 January 2013 to the Appellant to recover the damages suffered by the Respondent in the sum of RM104,615.09 in repairing the damaged underground cable.

[3] By letter dated 14 February 2013, the Appellant requested for several documents from the Respondent to enable it to process the said claim and these have been provided by the Respondent by letter dated 22 February 2013.

[4] However, the Appellant has refused, failed and/or neg

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