JUDGMENT

James Foong J:

The Plaintiff's Claim

The plaintiff's cause of action against the defendants is:

(a) malicious prosecution; and

(b) abuse of process.

He claims to have suffered damages as a result.

The Chronology Of Events

In order to understand this claim, it is necessary for me, at the outset, to set out the chronology of events.

The plaintiff is an advocate and solicitor practising under the name and style of M/s Vije & Company at the material time. He was a customer of the defendants, who are and were at the material time bankers. There were two banking accounts operated by the plaintiff: a personal account and an office account. In 1983, the plaintiff enjoyed a clean overdraft facility of up to RM20,000 on his personal account. However in 1989, the defendants insisted that he should apply for a secured loan to this account. Angered by this request, he forwarded to the defendants an application form for such a loan without much particulars, and his clerk as a guarantor. This was rejected by the defendants who then recalled the clean overdraft facility. A demand was then made by the defendants on the plaintiff for RM19,865.42. The plaintiff attempted to settle this