JUDGMENT

Faridz Gohim Abdullah JC:

Introduction

[1] This is the Appellant's (Plaintiff) appeal against the whole decision of the Magistrate given at Kuching on 15 February 2024 in dismissing the Appellant's claims with costs of RM10,325.00. The grounds of appeal are set out in the Appellant's Memorandum of Appeal at pp 14 - 17 of Part A, Record of Appeal.

[2] The Respondent (Defendant) did not appeal against the dismissal of their Counterclaim. As such, the issue of Counterclaim will not be addressed by this Court .

[3] Having considered the appeal, I decided to allow the appeal in part as follows:

(a) The claim for refund of the deposit paid by the Appellant to the Respondent in the sum of RM5,000.00 is allowed with interest at 5% per annum from 9 June 2018 until the date of full settlement;

(b) The claim for RM20,015.00 by the Appellant is allowed and to be paid by the Respondent to the Appellant with interest at 5% per annum from the date of judgment, ie 18 November 2024, until full and final settlement.

(c) The decision of the learned Magistrate in dismissing the Plaintiff's claim for RM210,000.00 for alleged loss for the damage of 10 rolls of insulation papers is upheld and maintaine