JUDGMENT

PS Gill J:

This is an appeal by the defendant against the decision of the learned sessions court judge at Ipoh in giving judgment against the defendant in the following manner: "That the sums advanced of RM34,150 be returned by the defendant to the plaintiff. That the installments amounting to RM7092 be equally returned to the plaintiff. A sum of RM13,500 for loss of use of vehicle be awarded against the defendant. Interest at the rate of 4% be awarded on the judgment sum of RM54,742 from 5 October 1994".

The case revolves on a sale and purchase, cum hire purchase arrangement of a motor vehicle bearing registration no. WCU3303 involving financing by a finance company.

The action was brought by the plaintiff, claiming that the said vehicle had been seized by the police as it was a stolen vehicle on 5 October 1994. On 9 November 1994, the plaintiff informed the defendant of the said seizure.

For the purpose of this appeal it is convenient to refer to the defendant as the "finance company".

The following facts are not in dispute:

(1) In the purchase of the vehicle, a sum of RM34,150 was paid to one Toon Ah Choy. This is evidenced by a sale purchase agreement dated 7 October 1