Garnesan & Irmohizam Advocates and Solicitors

[2010] 1 LNS 1379 (HC)

The High Court accepted the principles that any documents on its production appear to have some alteration it is the general rule that the party offering it as evidence must explain the alteration. Further, a person who choose to be careless or not bothered to find out the contents therein or relied completely upon others to complete the same, is responsible for his own actions and he is prevented from denying the contents therein do not bind him. It is trite law that in the absence of fraud and misrepresentation the mere allegation that particulars were not filled in when the Guarantee was signed as alleged by the Defendants would not in any way absolve them of their obligations and liabilities under the Guarantee. Any person who signs the document before the particulars are filled in should know that he is signing a letter of guarantee and no other document. The printed words “We… the undersigned hereby jointly and severally agree with and guarantee you…” are explicit enough. Plaintiff was represented by Datuk Ganesan.

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