Introduction

[1] In this judgment, the parties were referred to as they were designated before the trial court. This is an appeal by the defendant. The appeal arose from the decision of the Magistrate's court which found in favour of the plaintiff. The learned Magistrate allowed the plaintiff's claim with costs.

[2] The focus of this appeal concerned the question of whether the defendant's identity had been unlawfully misused to open an account with the plaintiff for the supply of electricity. It further raised the question of whether the Magistrate's court had correctly evaluated and appreciated the evidence presented during the trial.

[3] Upon examining the record of appeal and considering the submissions from both learned counsel, I allowed the appeal. The plaintiff was not satisfied and appealed against the decision.

Brief Background Facts

[4] The plaintiff was a licensed electricity supply provider. On 19 November 2018, an account for electricity supply bearing the number 6143-210110304702 ("Impugned TNB Account") was registered under the defendant's name. This account was associated with the premises located at No. 15-1, Lorong Batu Nilam 3A, Bandar Buk