10 Apr 2025
CHUNG KIAT ENTERPRISE SDN BHD 1. ) Ng Ah Lek 2. ) Ng Choon Seng 3. ) Ng Choon Hock (Ketiga-tiganya Sebagai Wasi-wasi Kepada Harta Pusaka Simati, Ngu Sui Tin @ Ng Swee Lean) 4. ) Ng Choon Hock
- Citation
- KA-22NCvC-70-06/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- KA-22NCvC-70-06/2018 (Mahkamah Tinggi)
The Plaintiff established on the balance of probabilities that the Deceased held the land as trustee for the Plaintiff based on cumulative evidence (directors' resolution, audited financial statements, use of land as corporate collateral, and executed Form 14A expressly recording the Deceased as trustee); equity therefore recognises Plaintiff's beneficial ownership, the Deceased could not validly devise the trust property by Will, and the appropriate relief in this action is a declaratory finding of trust while vesting of legal title must be addressed through estate procedures.