15 Dec 2021
1. ) Chong Chee Piao 2. ) Chong Chee Ping 3. ) Chong Chee Seang 4. ) Chong Chee Hin 5. ) Choong Swee Keaw KOH WAH LEONG (SEBAGAI PENGERUSI PERTUBUHAN PENGANUT-PENGANUT TING LEONG KENG LEE HU TONG CHU, PANTAI REMIS, MANJONG, PERAK)
- Citation
- A-02(NCvC)(W)-2231-12/2019 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- A-02(NCvC)(W)-2231-12/2019 (Mahkamah Rayuan)
The Court of Appeal affirmed that a constructive trust arose in favour of the temple by reason of the late Chong Kew Sang's conduct and the community's reliance, but limited the trust to the land on which the temple proper sits (as shown orange on Exhibit CCS-8) inclusive of right of way because there was no evidence CKS intended to donate the wider areas (hall and activity space); the counterclaim was not statute-barred as the cause of action accrued on the 2015 notice of demand; the appellants' post-trial detailed survey (CCS-8) was admissible as fresh evidence and materially affected demar…