IN THE SESSIONS COURT AT KOTA KINABALU

CIVIL SUIT NO: BKI-B52NCC-4/6-2022 (SC6)

BETWEEN

MOHAMAD SYUKUR BIN SUWARDY

(NRIC NO: 890819-12-5627) …PLAINTIFF
AND
HAFIZUL NUEL
(NRIC NO:780826-12-5329) … 1ST DEFENDANT
JUNAIDI BIN BAHARUN … 2ND DEFENDANT
(NRIC NO: 780826-12-5329)
SITI FAEZAH NOOR BINTI JAAFAR @ AWANG …3RD DEFENDANT
(NRIC NO: 810814-12-5318)

1ST DEFENDANT STATEMENT OF DEFENCE AND COUNTER CLAIM

1. Paragraphs 1, 2, 3 ,4,and 5 of the Statement of Claim are admitted

2. Paragraphs 6 is admitted save that the plaintiff have presented himself as

a licensed money lender to the defendant

3. Paragraph 7 8, 9 and 10 is admitted except for the obligation of the

defendant to pay the Full Payment ought to be repaid to the plaintiff due

to the facts that:-

A) The Defendant only entered into the agreement with the plaintiff

misrepresentation claiming to be a licensed money lender

 B) The repayment of loan with a profit of amounting to RM425,000,00 is

considered as imposing interest (Section 23 of MA)

C) Any money lending agreement must be made with a licensed money

lender ( section 5 of Moneylender Act)

D) The agreement entered by the Defendant was null and void

4. Paragraph 11,12,and 13 is admitted

5. The defendant denied the statement of claim in Paragraph 14 due to the

facts that the defendant is not under any obligation to pay back the said

loan

6. Paragraph 15 of statement of claim is admitted except that the Defendant

only surrendered his car Izuzu registration number SAB6014P under

coercion from the Plaintiff

7. Paragraph 16 is denied

8. Paragraph 17,18 and 19 is admitted

9. Counterclaim :-

…………………………………..

Messrs VJTDONs & Co.

Solicitors for the Defendant

This Defendant’s Statement of Defence is filed by Messrs VJTDONs & Co., Solicitors for the
Defendant whose address for service is at Block E, Lot 51, CKS Plaza, P.O. Box No. 936, 89207 Tuaran,
Sabah