JUDGMENT

Norhanum Hassan M:

Introduction

[1] In this case, the Plaintiffs, Mohd Adrin bin Mohd Daud and Nurul Izzwana binti Abdul Rahim have filed a claim against the Defendants, Abduh Waren bin Kandil and Arya Nailah binti Jubit Rudy, concerning the funds they provided to run a hair salon business. The Plaintiffs seek summary judgment under O 14 of the Rules of 2012, arguing that the Defendants have failed to return the spent capital funds.

Issues Considered

1. Existence of a Valid Contract

[2] The Court examined the elements of a valid contract, including offer, acceptance, intention to create legal relations, and consideration. According to the Statement of Claim, the Plaintiffs claim an agreement was made with the Defendants to start a joint business. The Plaintiffs contributed capital amounting to RM39,303.33. However, there is no written document explicitly binding both parties. Whether this agreement satisfies the requirements of a valid contract or is merely a social or friendly arrangement requires further examination. This principle is explained in Tan Sri Abdul Khalid Ibrahim v. Bank Islam Malaysia Bhd ; [2012] 7 MLJ 597; [2012] 3 CLJ 249 and Balfour v. Balfour [1919] 2