Hayatul Akmal Abdul Aziz J:

JUDGMENT

(Enclosure 86)

INTRODUCTION

[1]ÂÂThe plaintiff sought leave under O.40A Rules of Court 2012 (RC 2012)

[2]ÂÂOn 31.01.2023, after perusing the cause papers and hearing the respective submission of counsels, I dismissed enclosure 86 with an order that costs of RM3,000.00 be paid to the defendant within 14 days from the date of this Order. The plaintiff is now appealing against that decision.

BRIEF FACTS

[3]ÂÂFrom the cause papers, the facts are:

3.1 The plaintiff’s claim against the defendant for the repayment of the friendly loans she advanced to him on several occasions since 2013 (the cash loans).

3.2 On 25.04.2018:

3.2.1 The defendant signed and handed the plaintiff a written acknowledgement of the cash loan titled “Full & Final Settlement of Loan”, dated 25.04.2018 (the Letter of Acknowledgement).

3.2.2 The defendant signed the Letter of Acknowledgement in the presence of the plaintiff and a bank officer who was managing the plaintiff’s bank account; and

3.2.3 The defendant agreed to repay the plaintiff RM2.5 million by 25.05.2018. However, the defendant now disputes his signature on the Letter of Acknowledgment and claims he never signed it.

3.3 U