JUDGMENT

Mohd Zawawi Salleh J:

Introduction

[1] This judgment is in respect of the Plaintiff's application for summary judgment against the Defendant pursuant to O. 14 of the Rules of the High Court, 1980 ("RHC") (Enclosure 8).

[2] The application is for recovery of the sum due under the Hire Purchase-!' Facility amounting to RM315,849-83 as at 5 January 2011, ta'widh at 1% per annum on the said amount calculated on daily basis from 6 January 2011 until the date of full settlement, costs of the application, solicitors-client costs and any other necessary relief.

[3] After hearing the rival submissions, I allowed this application with costs at R M3,000-00. I shall now state my reasons.

Factual Background

[4] For a better appreciation of Enclosure 8, regards must be had to the background of the case.

[5] The Plaintiff and the Defendant had entered into Hire-Purchase-i Agreement ("HPA") based on the principle of Al-Ijarah Thumma AI-Bai on 04-02-2010 in respect of one (1) unit Mercedes Benz CLS350 3.5 H/Specs 2005, Registration No: CCP 6999, Engine No: 27296430056288 and Chasis No: WDD2193562A021113 ("the Mercedes").

[6] The dispute arose when the Defendant has defaulted to pay th