Ramly Ali JCA (delivering judgment of the court)

The plaintiff’s claim against the first defendant is premised on a breach of friendly loans for a sum of RM468,500 claimed to have been given to the first defendant over a period between July 2000 and February 2002 pursuant to several written agreements dated 30 June 2000, 5 December 2000 and 2 February 2002 and oral agreement between them. On top of that the plaintiff also claimed for interest at the rate of 8%pa from 23 December 2004 until full satisfaction.

The first loan agreement is dated 30 June 2000 whereby the plaintiff on request of the first defendant, had given a friendly loan of RM100,000 to the first defendant and the first defendant had agreed to repay the said loan within 90 days from the date of the said first agreement.

The second loan agreement between the same parties is dated 5 December 2000 whereby, the plaintiff again, on request of the first defendant had given another friendly loan of RM300,000 to the first defendant. This time the first defendant had agreed to repay the said loan within six months from the date of the said second agreement. For this second loan, the second defendant had executed a personal guara