S Nantha Balan JCA:

Introduction

[1] There are 2 appeals before us, namely Civil Appeal No: W- 04(IM)(NCC)-700-12/2019 ("Appeal 700") and Civil Appeal No: W- 04(IM)(NCC)-701 -12/2019("Appeal 701"). Both appeals originated from suits that were filed in the Sessions Court. For convenience, the parties shall be referred to by the titles that were assigned to them in the Sessions Court. Thus, the appellant shall be referred to as "the defendant" and the respondent as "the plaintiff". The present appeals are directed at the decision of the High Court dated 3 December 2019. The appeals involve the same parties and similar factual background. The legal issues are common to both appeals. As such, our decision in respect of Appeal 700 will bind Appeal 701.

[2] The plaintiff is a licenced moneylender. The defendant borrowed monies from the plaintiff. The defendant made some payments and then they defaulted. The plaintiff filed an action in the Sessions Court for the recovery of monies that were lent to the defendant. The defendant alleged that the relevant moneylending agreement contravened the Moneylenders Act 1951 ("the Act"). They applied under O 18 r 19 (1) (b) and (d) of the Rule