JUDGMENT

Zalita Zaidan JC:

Introduction

[1] This is an appeal by the appellant (1st defendant) against the Sessions Judge's decision who allowed the respondent's (1st plaintiff) claim pertaining to a friendly loan.

[2] In this judgment, the parties will be referred to as they were in the Sessions Court. At times, all parties at the first instance will be referred to and addressed accordingly. My full ground follows.

Brief Facts

[3] The salient facts leading to this appeal can be briefly stated as follows:

(a) The 1st plaintiff is an individual having its address at No 222, Pekan Dangi, 73100 Johol, Negeri Sembilan Darul Khusus.

(b) The 2nd plaintiff is the sole proprietor of a business in the name of "KKC Auto and Tyre Services" and having its business address at No 2A J-G-01, Block J, Jalan PJS 2, Taman Medan Jaya, 46000 Petaling Jaya, Selangor Darul Ehsan.

(c) The 3rd plaintiff is the sole proprietor of a business in the name of "Seng Fei Motor Workshop" and having its business address at HSM 18120, PT No 49577, Jalan KB 2/15, Balakong, 43300 Seri Kembangan, Selangor Darul Ehsan.

(d) The 1st defendant is an individual having the address at 15, Jalan Tiong 3A, Bandar Puchong Jaya, 47170 Puchong, Selangor Darul Ehsan.

(e) The 2nd defendant is an individual having the address at No 266, Kampung Stesen, 33000 Kuala Kangsar, Perak Darul Ridzuan and is the father to the 1st defendant.

(f) The plaintiffs claimed that on the 1st defendant's request and on the basis of friendship established between the 1st plaintiff and the 1st defendant, and on good intention of the 1st plaintiff to help the 1st defendant, the 1st plaintiff had loaned on a friendly basis RM140,000.00 to the 1st defendant vide cash deposited into the account of the 1st defendant at the Public Bank Berhad No 314074311 as extracted from the Statement of Claim, as reproduced here, in the table below (para 6, p 24 of Record of Appeal Vol 1):

(g) The 1st defendant had requested for another friendly loan from the 1st plaintiff amounting to RM200,000.00 and requested that the 1st plaintiff deposited the said amount into the bank account of the 1st defendant's father that is the 2nd defendant at Maybank Berhad Account No 108092473124 ("the 2nd defendant's account"). However, the 1st plaintiff did not have enough amount of money at the time and the 1st plaintiff through the 2nd and 3rd plaintiffs gave a friendly loan to the 1st defendant on the 1st defendant's instructions through the cheques as listed in the Statement of Claim (para 7, p 25 of Record of Appeal Vol 1), reproduced here as follows:

(h) The two cheques, PBB dan RHB cheques had been deposited into the 2nd defendant's account on 22 March 2015 and the PBB and RHB cheques were cashed in on 23 March 2015 and 24 March 2015 respectively.

(i) The plaintiffs claimed that the defendants had promised to the plaintiffs to repay the friendly loans to the plaintiffs upon plaintiffs' request. The plaintiffs claimed that the friendly loans were given on 30 September 2014 and until the date of the writ summons exceeding one year, the defendants had failed, neglected and/or refused to repay although the plaintiffs had demanded from the defendants. The 1st plaintiff had through its solicitors, Messrs Lim Soh & Goonting issued the letter of demand of 30 July 2015 seeking from the 1st defendant, RM140,000.00 and gave seven (7) days from the date of letter of demand to the 1st defendant to repay the said RM140,000.00.

(j) The 2nd and 3rd plaintiffs through their solicitors, Messrs Lim Soh & Goonting each issued the letter of demand of 30 July 2015 and demanded from the 2nd defendant the RM100,000.00 due and owing to the 2nd plaintiff and RM100,000.00 due and owing to the 3rd plaintiff, with seven days' period to repay. The plaintiffs claimed that although the letters of demand had been issued, the defendants still failed, neglected and/or refused to repay the plaintiffs.

(k) At all material time, the defendants never disputed receiving friendly loan