8 Oct 2025
1. ) Adderina Binti Kaharudin 2. ) Jihadi Bin Kaharudin LIM YEW JIN
- Citation
- W-02(NCvC)(W)-621-04/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-621-04/2023 (Mahkamah Rayuan)
The Court found on the balance of probabilities that an express trust existed: the Trust Deed, Power of Attorney and Consent Letters were admissible and corroborated by credible witnesses and statutory declaration; the three certainties of trust were met; the Appellants failed to prove forgery, absence of consideration or that the lands were Malay reserved; registration under s.344 NLC was not mandatory in the circumstances; no appealable error was shown and the trial judge's findings were not plainly wrong.