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COURT OF APPEAL PUTRAJAYA
JAKEL TRADING SDN BHD – Appellant
Versus
TOKO HUDAYA – Respondent
| Table of Content |
|---|
| 1. parties involved in textile contracts. (Para 1 , 2 , 4 , 5 , 8) |
| 2. high court findings on claims. (Para 9 , 10 , 12 , 14 , 15) |
| 3. procedural issues and court's views. (Para 19 , 20 , 30 , 66 , 89) |
| 4. substantive issues concerning project payments. (Para 32 , 34 , 70 , 92 , 93) |
| 5. conclusion on appeals and final orders. (Para 108 , 117 , 133 , 135) |
Introduction
[1] The Appellant in this appeal is Jakel Trading Sdn Bhd They were the Defendant in Kuala Lumpur High Court Suit No WA-22NCVC-629- 09/2018 {Suit 629). The Respondent (Plaintiff in Suit 629) is Toko Hudaya (No. Pendaftaran Perniagaan: IP0054458-H). For convenience, we shall refer to the parties by their original titles, ie, the Respondent as "Plaintiff and Appellant as "Defendant".
[2] The Defendant here is appealing against the decision of the learned Judge of the High Court (Judge) delivered on 15 July 2022 after a full trial, allowing the Plaintiffs claim (subject to what we have to say about the procedural issues relating to the amendment of the claim). The learned Judge dismissed the Defendant's counterclaim.
[3] This Judgment will deal with two (2) issues. First, the procedural issue
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