4 Jul 2024
1. ) NIK MOHD FAREEZ BIN NIK AHMAD AZMAN 2. ) MUHAMMAD ADIB BIN CHE ANUAR 1. ) SHAMSUDIN BIN ABD HAMID 2. ) NOR ZAHARI BIN ISMAIL
- Citation
- WA-22NCC-268-06/2022 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-22NCC-268-06/2022 (Mahkamah Tinggi)
The Plaintiffs are barred by res judicata from asserting that the Defendants hold the Astana shares in trust because the earlier High Court oppression judgment (OS No.145) determined the Defendants to be the legal and beneficial owners and no appeal was filed; alternatively, on the merits the Plaintiffs failed to prove the alleged oral agreement on the balance of probabilities given total absence of contemporaneous evidence, so their claims fail.