JUDGMENT

Yusrin Faidz Yusoff JC:

Introduction

[1] This judgment concerns the plaintiffs application under O 14 r 1 of the Rules of 2012 ("the Rules") to enforce a guarantee. The dispute arises from a loan agreement structured under the Shariah principles of Commodity Murabahah, in which the first defendant ("D1") was the borrower, and second, third and fourth defendants ("D2", "D3", and "D4") acted as guarantors. Following D1's failure to meet its installment obligations, a default judgment was entered against D1, D2, and D4. The plaintiff now seeks summary judgment against D3, asserting that D3 is liable as the principal debtor and indemnitor. D3, however, opposes the application, contending that a triable issue exists and warrants further examination. The key question before this Court is whether D3 has successfully raised a bona fide triable issue or whether the plaintiff has established a clear entitlement to summary judgment as a matter of law.

Background Facts

[2] D1 was a customer of the plaintiff bank, having sought financing for its chicken processing business. Based on a letter of offer dated 20 February 2017, and Supplemental Letters of Offer dated 5 May 2017, 2 February 2