JUDGMENTBY: ZAKARIA YATIM JCA, NH CHAN JCA, SITI NORMA YAAKOB JCA JCA

ZAKARIA YATIM JCA On 14 October 1988, the plaintiff filed a suit in the Sessions Court, Klang against the five defendants who are advocates and solicitors of the High Court Malaya for alleged professional negligence. In the statement of claim, the plaintiff alleged that on 27 February 1987, it retained the defendants to act as its solicitors in the legal documentation in respect of a loan granted to a company known as Denson & Co. On 27 June 1987, the defendants advised the plaintiff that the loan documentation had been completed and that the property to be charged to the plaintiff was free from encumbrances. The defendants also told the plaintiff that the charge was duly presented for registration. Acting upon the advice of the defendants, the plaintiff, on 3 July 1987 released a loan of RM60,000 to the company. On 8 July 1987, the defendants informed the plaintiff that the said property was caveated and not free from incumbrances. The plaintiff said that it had suffered loss and damage by reason of the negligence. The plaintiffs claim against the defendants was for a sum of RM60,000 with interest in the sum

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