HIGH COURT MALAYA KUALA LUMPUR
ASSA ABLOY MALAYSIA SDN BHD – Appellant
Versus
EMIR ENTERPRISE SDN BHD – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 1 , 2 , 3) |
| 2. defendant's argument on the burden of proof (Para 4 , 5 , 6 , 7) |
| 3. authenticity of documentary evidence (Para 8 , 9 , 10) |
| 4. evaluation of evidence in no case submission (Para 11 , 12 , 13 , 14) |
| 5. implications of delivery acknowledgment (Para 15 , 16 , 17 , 18 , 19) |
| 6. credibility of testimonial evidence (Para 20) |
[1] The Plaintiff closed its case after calling its one and only witness who was cross-examined by the Defendant's counsel. Thereafter, the Defendant submitted that there was no case for it to answer and when put to election, elected not to adduce evidence. The Defendant fully appreciated that in the event its submission is dismissed, it would not be open to the Defendant to adduce any evidence in order to canvass and support its Defence.
Factual Background
[2] These were the facts as gleaned from the testimony of that single witness. The Plaintiff is in the ironmongery business. It supplies "anything that involves doors, door stoppers, locks, cylinders and such". The Plaintiff and the Defendant frequently collaborated with each other on projects. The Defendant would procure government p
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