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QUESTION 1 Between the years 2019 to 2020, ABC Bank had advanced money to Mr X on an overdraft account. In early 2021, ABC Bank
QUESTION 1 Between the years 2019 to 2020, ABC Bank had advanced money to Mr X on an overdraft account. In early 2021, ABC Bank instituted bankruptcy proceedings against Mr X for the recovery of a sum of RM1,000,000.00 {RM One Million). Mr X did not dispute on the overdraft facilities extended to him but contended that no notice of demand was made regarding the claim. ABC Bank claimed to have served the notices of demand to Mr X by post. They sought to prove such service through the production of copies of the notices and the acknowledgement of receipt on the AR cards ('the documents'}. Mr X objected to the admissibility of the AR cards on the ground that Mr Z, the bank ofcer, who was tendering them was not the maker of the documents. In this regard, ABC Bank contended that the Solicitor who was handling the matter and who had issued the documents to Mr X was Mr. Guns of Messrs Chandhu 3: Co. Unfortunately, Mr Guns had died in middle of 2021 and before he died, he had verbally informed Mr Z, about the issuance of the notices. Mr X objected to the admissibility of the documents as they have not been established by the maker of the documents himself. Discuss the admissibility of: i) The documents. (It) marks) ii} Mr. Guna's statement to Mr 2.. (10 marks)
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