MANUEL DARIO RUBIO CARIAS vs HEMALINGAM NAIDU RAMA NAIDU

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 MarsdenLR 2514

COURT OF APPEAL PUTRAJAYA
MANUEL DARIO RUBIO CARIAS – Appellant
Versus
HEMALINGAM NAIDU RAMA NAIDU – Respondent

Petitioner Advocates:Ravichandaran Selliah,Mohd Khairul Azri Mohd Badroldin ,Respondent Advocate: Arumugam C Suvalingam

Table of Content
1. details surrounding the joint venture and the claim's dismissal. (Para 1 , 3 , 4)
2. essence of the case's appeal against prior dismissal. (Para 2)
3. arguments made by the appellant's counsel about evidentiary failures. (Para 5 , 12)
4. defendant's arguments countering the claims. (Para 13 , 14)
5. defendant's arguments surrounding the joint venture. (Para 17)
6. court's determination on the burden of proof. (Para 20 , 21 , 22)

[1] This is an appeal by the Appellant (Plaintiff) against the decision of the learned Magistrate after a full trial in dismissing the Appellant's claim against the Respondent (Defendant) of USD20,000.00 with costs on 7 December 2016.

[2] In this judgment, the parties will be referred to as they were in the Sessions Court. I allow the appeal with costs. My ground follow.

Background Facts

[3] The relevant factual background leading to this appeal, extracted from both counsels' written submission and record of appeals, can be briefly stated as follows:-

(a) The Plaintiff is a foreigner, a Honduras national. The Plaintiff claimed that the Plaintiff and the Defendant were friends and have served together with the United Nations missions.

(b) The Plainti

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2018 MarsdenLR 2514

COURT OF APPEAL PUTRAJAYAMANUEL DARIO RUBIO CARIAS – AppellantVersusHEMALINGAM NAIDU RAMA NAIDU – Respondent

Cases Referred (3)

COURT OF APPEAL PUTRAJAYA
MANUEL DARIO RUBIO CARIAS – Appellant
Versus
HEMALINGAM NAIDU RAMA NAIDU – Respondent