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2023 MarsdenLR 436

HIGH COURT MALAYA SHAH ALAM
MOHD NAJID YUSOF – Appellant
Versus
MAK OFFSHORE SDN BHD & ORS – Respondent


Petitioner Advocates:Lee Hong Yap,Abdullah Sani Zainal ,Respondent Advocate: Satvinder

Table of Content
1. loan disguised as sale. (Para 4 , 5 , 6)
2. limitation timeframe analyzed. (Para 9 , 10 , 11)
3. sham agreement notion clarified. (Para 22 , 23 , 24)
4. plaintiff's claim partially granted. (Para 30)
Mohd Firuz Jaffril J:

[1] The following is the court's decision at the end of a full trial between the parties. Trial commenced on 7 December 2021 and was swiftly concluded on 15 June 2022. During the trial, a total of five (5) witnesses was called by the plaintiff. On the other hand, the first defendant ("1st defendant") called three (3) witnesses and the second ("2nd defendant") and third defendants ("3rd defendant") had called four (4) witnesses to testify.

[2] Having gone through the pleadings of all parties, the evidence adduced at the trial both oral and documentary, and upon reviewing the submissions of counsel, this court had on 23 December 2022 allowed the plaintiff's claim in part and dismissed the 2nd and 3rd defendant's counterclaim.

[3] The defendants have since lodged an appeal against the above decision by way of a Notice of Appeal dated 13 January 2023 and 18 January 2023 respectively to the court of Appeal. The following are my grounds of judgment in relati

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