LEE ENG EOW v LOW AH LIAN

LEE ENG EOW v LOW AH LIAN

Article 16 prohibits transfer but does not prevent transmission; therefore although the widow could not be registered as legal owner under the articles, she is entitled to the shares as equitable owner under the will; the plaintiff's originating summons is dismissed.

Citation
LEE ENG EOW v LOW AH LIAN
Parties
Plaintiff: Lee Eng Eow; 1st Defendant: Low Ah Lian; 2nd Defendant: Lee Guat Cheow & Co. Sdn. Bhd.
Court
Malaysian court
Jurisdiction
Malaysia
Procedural Posture
Probate and Administration / Originating Summons — High Court Judgment
Outcome
Application dismissed with costs; earlier order dated 2 January 1991 set aside.
Legal Topics
Transfer Vs Transmission of Shares, Articles of Association Vs Will, Equitable Ownership, Devolution by Death
Source Language
en
Succession Company Law Equity Transfer Vs Transmission of Shares Articles of Association Vs Will Equitable Ownership Devolution by Death

Case Brief

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Parties

Lee Eng Eow

Plaintiff

Low Ah Lian

1st Defendant

Lee Guat Cheow & Co. Sdn. Bhd.

2nd Defendant

Procedural Posture

Probate and Administration / Originating Summons — High Court Judgment

Legal Issues

  1. 1 Whether Article 16 of the articles of association overrides the provision of the will
  2. 2 Whether a prohibition on transfer prevents transmission of shares on death
  3. 3 Whether the beneficiary under the will acquires legal or equitable title to the shares

Ratio Decidendi

Article 16 prohibits transfer but does not prevent transmission; therefore although the widow could not be registered as legal owner under the articles, she is entitled to the shares as equitable owner under the will; the plaintiff's originating summons is dismissed.

Court Disposition

Application dismissed with costs; earlier order dated 2 January 1991 set aside.

Orders

  • Application dismissed with costs
  • Earlier order dated 2 January 1991 set aside