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2025 MarsdenLR 2161

HIGH COURT MALAYA SHAH ALAM
SHEELA GEORGE – Appellant
Versus
RADZALI AHMAD KOLDI & ANOR – Respondent


Petitioner Advocates:K Bagia Sri Devi Krishnamoorthi ,Respondent Advocate: Saladin Mohd Yasin

Table of Content
1. plaintiff's valid grievance and background of claim. (Para 1 , 2 , 3 , 4)
2. plaintiff's allegations against 2nd defendant. (Para 6 , 7 , 9)
3. plaintiff's defense to the striking out application. (Para 11 , 12 , 13 , 14)
4. court's analysis on the application. (Para 15 , 16 , 17 , 18)
5. court's final decision and costs awarded. (Para 19)
Choong Yeow Choy J:

Introduction

[1] The Plaintiff, who is the administratrix of her late father's estate, has a valid grievance in commencing the present action. The Plaintiff's late father, through a Sale and Purchase Agreement dated 2 March 2000 bought a house from the 1st Defendant for the sum of RM92,000.00.

[2] To partially finance the purchase, the Plaintiff's late father obtained a loan from the 2nd Defendant in the sum of RM25,000.00, with an additional RM463.00 imposed for takaful charges. The agreed repayment period was 15 years, with monthly instalments of RM245.00. By a letter dated 4 May 2018, the 2nd Defendant informed the Plaintiff's late father that the loan had been fully settled and invited him to meet with the bank to discuss the release of the original title to the house.

[3] To date, the title remained in the name

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