Salleh Abas FJ

The appellant is a seamstress living in Dungun, Trengganu. On January 22, 1970, she deposited a sum of $5,000 with Kow Sin Pajak Gadai (the pawnshop) of No. 58 Kuala Brang, Ulu Trengganu bearing interest at the rate of 14.4% per annum. The pawnshop was owned and run by one Mr. Choo Shin Shian, who lived in Dungun. He passed away on September 10, 1971. For the purpose of this judgment he is referred to as "the deceased". The deceased started the pawnshop business on July 1, 1957 (Exhibit P5) and held pawnbroker's licences up to December 31, 1968 to cover the business (Exhibits P3, D8 and D9). From January 1, 1969 onwards till his death the licence in respect of the business was issued to the first respondent who was the deceased's nephew. The first respondent gave no evidence at the trial but he admitted in paragraph 2 of his statement of defence that the deceased was the proprietor whilst the pawnbroker licence was issued by the authorities in his name. There is no evidence as to what part the first respondent played in respect of the pawnshop business other than that he was a mere licence holder. The deceased, however, ran the business with the assistance of the nin