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2019 MarsdenLR 2466

COURT OF APPEAL PUTRAJAYA
SRITHARAN NAIDU SUNDARA RAJOO – Appellant
Versus
DATO DR GENGATHARAN & ANOR – Respondent


Table of Content
1. case involves a loan for familial support. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. defendant's claims regarding repayment and loan purpose. (Para 7 , 8 , 9 , 10 , 11)
3. trial judge found plaintiff’s claims credible. (Para 12 , 13 , 14)
4. discussion on witness credibility and evidence. (Para 15 , 16)
5. court's evaluation of oral testimonies and documentary evidence. (Para 18 , 21)
6. legal enforceability of agreements without consideration. (Para 34 , 35)
7. assessment of consideration in oral agreements. (Para 36 , 40 , 42)
8. final verdict on the appeal and costs. (Para 66 , 67 , 68)

[1] As pointed out by the trial judge, this case involves the unfortunate situation where the 1st plaintiff is suing the defendant, his own nephew. The 2nd plaintiff is the wife of the 1st plaintiff. After a full trial, the plaintiffs' claim was allowed; judgment was entered, and the defendant's counterclaim was dismissed. For ease, we shall refer to them by reference to that familial relationship.

[2] In a nutshell, the defendant's nephew took out a loan for the benefit of the uncle. The aunt's property, a shop house, was used as collateral for the loan. The full sum of the loan was paid into th

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