JUDGMENT

GROUNDS OF DECISION

1. This is the appeal by the Appellant against the decision of the learned Sessions Judge, given on 22 October 2007 after full trial, in allowing the Respondent's claim and ordering the 1st, 2nd and 3rd Appellants jointly and severally do pay to the Respondent the sum of RM49,271.89 from 1st May 2004 to the date of full payment and costs of the action to the Respondent to be taxed unless agreed.

2. In the action in the Sessions Court, the Respondent is suing 1st Appellant as principal debtor and the 2nd and 3rd Appellants as Guarantors for RM49,271.89 being the price of the goods sold and delivered by the Respondent to the 1st Appellant under the guarantee of the 2nd and 3rd Respondents and for agreed interest upon money due to the Respondent.

3. In resisting the Respondent's claim, the Appellants raised the following defences:-

a. There is no binding contract between the Respondent and the 1st Appellant.

b. The transaction between the Respondent and 1st Appellant were all conducted on ad hoc basis;

c. The Appellants are only liable up to RM25,000.00 being the initial credit limit of the account;

d. The entitlement to interest clause is void for uncertainty;

e.