JUDGMENT

I. APPEAL

This is an appeal by the appellant-plaintiff ("the plaintiff) against the decision of the learned sessions court judge who on 27 July 2000 dismissed the plaintiff's claim with costs.

II. FACTS OF THE CASE

The plaintiffs claim against the respondent-defendant ("the defendant") was for a sum of RM36,667.57 pursuant to an indemnity executed by the defendant on 19 April 1991 in favour of the plaintiff to indemnify the plaintiff ("the indemnity") in the following terms :

3

"To M/s Sykt Tan Chow 85 Loh Securities Sdn Bhd, Malacca.

Re : Indemnity

IN CONSIDERATION of our agreement and the terms of employment as a Remisier with your company AND IN CONSIDERATION of your releasing me to join another Stockbroking Company and your releasing the deposit to me before ascertaining all the losses I am responsible for MR KOH KEE HUAT I the undersigned HEREBY AGREE AND CONFIRM to indemnify you and keep you indemnified against all losses, claims and actions arising out of all the transactions handled by me between my own clients and yourselves and the delivery of all shares by all my selling clients in the event that the scripts as delivered shall for any reason whatsoever turn out