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1988 MarsdenLR 128

HIGH COURT MALAYA, PENANG
MALAYSIA BUILDING SOCIETY BHD. – Appellant
Versus
LIM KHENG KIM & ORS – Respondent


JUDGMENT

Edgar Joseph Jr J:

Datuk Lim Kheng Kim, the first defendant herein, seeks to set aside a default judgment dated 18 March 1986 entered against him for the recovery of RM1,243,859.44 with interest thereon at the rate of 14% p.a. from 1 October 1985 to date of realisation and costs.

It appears from the statement of claim herein that the first defendant, along with the second, third and fourth defendants, had executed a joint and several guarantee, whereby, in consideration of the plaintiff making or affording loan facilities to an incorporated company ("the borrower"), they had agreed that if the borrower shall in any respect fail to perform any of its obligations, then the defendants as guarantors shall indemnify the plaintiff, the sum of RM1,500,000 together with interest costs, charges and all sums payable by the borrower to the plaintiff.

Other provisions of the joint and several guarantee material to this application were as follows:

Para (c) of the preamble provides:

The borrowers have applied to the Society for a loan of Ringgit Malaysia One Million And Five Hundred Thousand (RM1,500,000) only (hereinafter referred to as "the said loan") for the purpose of financing the deve

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