Siti Norma Yaakob J:

The plaintiff in this suit is the hirer of an excavator, bearing registration number WAE 6983 and the instant claim is for sums due on a hire purchase agreement dated 5 March 1984, particulars of which appear in para. 3 of the amended statement of claim. The 2nd defendant is sued as a guarantor pursuant to the letter of guarantee executed the same day as the hire purchase agreement wherein he undertook to make payment upon written demand of all sums due to the plaintiff under the hire purchase agreement and to indemnify the plaintiff against all loss, damage or expense which the plaintiff may sustain by reason of the 1st defendant's breach of the hire purchase agreement.

Before the Senior Assistant Registrar, the plaintiff's application for summary judgment under O. 14 was dismissed with costs and the proceedings before me was therefore an appeal against that order.

From the defendants' statement of defence and the 2nd defendant's affidavit in reply, the following issues were canvassed by them.

1. The plaintiff had failed to comply with ss. 16(1), (4) and (5) of the Hire Purchase Act 1967 (the Act).

2. The notice of intention to repossess under s. 16(3