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HIGH COURT MALAYA KUALA LUMPUR
RAJA ZAINAL ABIDIN RAJA HUSSIN – Appellant
Versus
MOHD HANAFIAH ABDUL JALIL – Respondent
| Table of Content |
|---|
| 1. recognition of debt acknowledged by defendant. (Para 1 , 3 , 4) |
| 2. plaintiff's reliance on statutory declarations. (Para 5 , 6 , 7) |
| 3. defendant's defense of duress mentioned. (Para 8 , 9) |
| 4. court's examination of the duress claim. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. summary judgment favored plaintiff. (Para 18 , 19 , 20 , 21) |
Introduction
[1] This is a straightforward matter wherein the Plaintiff's claim is based on a Deed of Acknowledgment of Debt which was signed by the Defendant to acknowledge a debt and to repay the Plaintiff by way of two instalments.
[2] I decided that this Court ought to allow the Plaintiff's application for summary judgment because I find no triable issue regarding the Plaintiff's claim against the Defendant.
Background Facts
[3] The Defendant signed a Deed of Acknowledgment of Debt dated 19 June 2023 wherein he promised to repay RM1,650,000.00 to the Plaintiff.
[4] In the said Deed of Acknowledgment of Debt, the Defendant is referred to as "the Borrower" while the Plaintiff is referred to as "the Lender". Therein, the Defendant acknowledges that the total sum owing to the Plaintiff is RM1,650,000.00 and undertakes to
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