Abdul Kadir Sulaiman J

The appellant is appealing against the decision of the learned magistrate in dismissing its claim with costs against the respondent for goods sold and delivered at their request amounting to RM20,567.09 and costs amounting to RM575. The dismissal is for the reasons stated in the learned magistrates' grounds of judgment at p 62 of the appeal record. The facts of the case are well presented in the said grounds of judgment and I need not elaborate any further except to address specific areas when dealing with the grounds of appeal by the appellant.

It is trite law that generally a person who asserts must prove his assertion on the balance of probability in order to succeed, unless a presumption operates in favour of the assertor wherein the evidential burden shifts in favour of the assertor. In this case, by its pleadings, the appellant in the court below alleged that the respondent owed it a sum of RM20,567.09 being the price of goods sold and delivered to the respondent at its request. The appellant relied on the invoices and delivery notes issued by it to the respondent. A total of 18 invoices were involved in the dealings. Of the total amount involved in the