23 Jul 2025
Hallifni Binti Ali ZARINA BINTI AZIZ
- Citation
- KA-22NCvC-8-02/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-8-02/2022 (Mahkamah Tinggi)
The Trust Agreement of 27.11.1985 was authentic, admissible and created binding trust obligations; the 1985 transaction was in substance a trust (or at least gave rise to a constructive trust) funded by the Plaintiff and it was unconscionable for the Defendant to retain the Property; the Defendant's title obtained via pusaka was tainted by non-disclosure and is defeasible under s.340(2) NLC; limitation defence was not pleaded and the claim accrued on dispossession, so the Plaintiff's action is timely; therefore the Plaintiff is entitled to specific performance and transfer of title.