Wong Hok Chong JC:

Appeal From Sessions' Court

[1] This is the Appellant Borrower's appeal against the Learned Sessions Court Judge's decision to allow the Respondent Bank to enter summary judgment against her. I heard the appeal and dismissed it on 2 March 2020. These are the grounds for my decision.

Background

[2] The background facts are as follows. The Appellant purchased the Property from Murali, who happened to be her husband, for the price of RM230,000.00 vide a Sale and Purchase Agreement dated 3 April 2017 ("SPA"). To finance the acquisition, the Appellant obtained a loan of RM203,078.00 from the Respondent Bank ("Loan") vide a Musharakah Mutanaqisah Master Agreement dated 18 May 2017 ("Loan Agreement") for the purchase of the Property. The transaction was completed. The loan sum was released as prescribed in the Loan Agreement and the SPA and the Property was transferred to the Appellant.

[3] The Respondent subsequently recalled the facility after the Appellant defaulted on the installment. The Respondent commenced the legal proceedings to recover the loan and obtained summary judgment against the Appellant, which is the subject of this appeal.

Counter-Claim - Unrelated