JUDGMENT

Amelati Parnell JC:

Introduction

[1] At the trial court, Suit No BKI-A52NCvC-33/3-2019 and Suit No BKI-B52NCvC-82/11-2018 (SC6) were consolidated and heard together.

[2] For ease of reference, Saw Thean Guan and Saw Lip Muk's (hereinafter jointly referred to as "STG Trading") and STG Sdn Bhd's (hereinafter STG Trading and STG Sdn Bhd will be collectively referred as "the Respondents") following the hearing for the consolidation of the Appellant's appeals filed under Civil Appeal No BKI-12B-4/12-2020 and Civil Appeal No BKI-12B-5/12-2020 (hereinafter both appeals will be collectively referred to as "the Appeals").

[3] The appeals concern with the decision of the learned Sessions court Judge given on the 1 December 2020 by entering judgment for the Respondents against the Appellant and dismissing the Appellant's counterclaim after full trial.

Brief Facts

[4] It is an agreed fact that the Appellant was at all material times a customer of the Respondents and the Respondents supplied Kota Belud Sand (hereinafter referred to as "the Sand") to the Appellant at the Appellant's request.

[5] STG Trading supplied the Sand to the Appellant from September 2016 until November 2017. STG Sdn Bhd