JUDGMENT

Hamid Sultan Abu Backer JCA:

[1] The appellant/plaintiff appealed against the decision of the learned High Court Judge who dismissed the appellant's claim against the 5th defendant/ respondent who on record was a Director as well as a signatory to the Joint and Several Guarantee and Indemnity Agreement (Guarantee) executed by the respondent.

[2] The main line of defence of the respondent was that (i) he was not a Director of the company and in consequence, all documents related to his directorship were forged; (ii) he did not sign the Guarantee.

[3] In a 17-page judgment, the learned trial judge had set out the relevant facts and reasons for his decision. On the face of record, it was a speaking judgment but upon hearing the submission of the appellant, we took the view that the learned trial judge had erred in law as well as fact in coming to the conclusion to deny the judgment to the plaintiff. In the instant case, the learned trial judge failed to take into consideration the following, namely:

(a) the respondent did not respond to the appellant's notice of demand related to a claim of RM3,638,518.87;

(b) the respondent did not make a police report when his case is th