Low Hop Bing J:

Appeal

This is an appeal by the appellant plaintiff ("the plaintiff") against the decision of the learned magistrate who had on 8 June 2001 dismissed the plaintiff's amended claim for the balance sum of RM24,397.81 with costs.

Agreed Facts

At the hearing before the learned magistrate, certain facts were agreed by the parties. It was agreed that the plaintiff is a licensed finance company having its registered office in Kuala Lumpur. One of its branches is in Melaka, with which the first defendant had executed a hire purchase agreement No. 2-0401-74 1297-4D dated 13 January 1997 ("the agreement") wherein the plaintiff has agreed to finance the defendant in enabling the first defendant to hire and purchase a unit of Isuzu NHR 55E (SV) bearing registration number MAJ 682, engine number 310044 and chassis number JAANHR 55EP 7112329. The first defendant paid a sum of RM9,820.76 upon execution of the agreement towards the account of the purchase consideration of RM82,240.76 and the balance thereof was to be paid with effect from 15 February 1997 by way of 71 instalments at RM1,006 per month and a final instalment of RM994. The second defendant executed a guarante