28 Apr 2022
1. ) Abdul Ravuff Bin Datuk A.S. Dawood 2. ) Sikkandar Batch Bin Datuk A.S. Dawood 3. ) Nafeesha Begam Shajahan 4. ) Kursith Bt Datuk A.S. Dawood 5. ) Faridah Begum Bt Datuk A.S. Dawood 6. ) Julaiha Begum Bt Datuk A.S. Dawood Dr. Abdul Rahi
- Citation
- 02(f)-15-03/2020(W) (Mahkamah Persekutuan)
- Court
- f
- Case number
- 02(f)-15-03/2020(W) (Mahkamah Persekutuan)
The 1981 Agreement did not create a trust because Dawood, the donor, did not do everything necessary to effectuate a transfer of the shares or declare himself trustee; the promises were imperfect gratuitous gifts which equity will not perfect (Milroy principle); consequently no constructive trust arose, and the Court of Appeal was correct to set aside the High Court on that basis; limitation and laches also applied and the sales to Azinal and to Vision Wagon were not sham or undervalue as alleged.