JUDGMENT

Choong Yeow Choy J:

Introduction

[1] To a lay observer, the present dispute may appear to present a scenario where the borrower not only retains the benefit of the loan but also seeks to profit from it, a situation akin to having the cake, eating it, and being paid for doing so.

[2] However, public perception or appearances notwithstanding, this court is duty-bound to determine the present appeal strictly in accordance with the applicable legal framework, namely, the Moneylenders Act 1951, if applicable, and the relevant case law authorities.

The Core Issues

[3] The essential issues for consideration in this appeal are:

(a) Whether the appellant/plaintiff is entitled to recover the loan that she had given to the respondents/defendants;

(b) Whether the respondents/defendants are entitled to recover a sum of money that they have paid thus far as interest on the said loan from the appellant/plaintiff; and

(c) These questions turn on the issue of whether the Moneylenders Act 1951 applies to the present appeal.

The Decision Of The Sessions court

[4] The Sessions court dismissed both the appellant/plaintiff's claim for the recovery of the money lent and the respondents/defendants' counterc