10 Dec 2024
1. ) Abdul Halim bin Idris 2. ) Mohd Salehuddin Bin Idris Fauzi bin Idris
- Citation
- KA-22NCvC-61-12/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-61-12/2021 (Mahkamah Tinggi)
On the balance of probabilities Plaintiffs proved existence of the trust and their respective faraid entitlements; Defendant produced no credible evidence that the alleged family meeting condition formed part of the trust or that Plaintiffs had agreed to deductions; a trustee cannot unilaterally impose such conditions; Defendant's retention and diversion of Plaintiffs' shares to his personal account amounted to breach of trust, entitling Plaintiffs to declaratory relief, payment of the specified sums, interest and costs.