3 Jul 2024
1. ) NURUL IZZATI BINTI ZAHID 2. ) MOHAMAD KHAIRI BIN ZAHID 3. ) MOHAMAD AZRI BIN ZAHID 4. ) MOHAMAD ZAFRI BIN ZAHID ZAHID BIN ABD AZIZ
- Citation
- BA-12BNCvC-1-01/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-12BNCvC-1-01/2024 (Mahkamah Tinggi)
The High Court held the Plaintiff proved on the balance of probabilities that he intended to retain beneficial ownership of funds deposited in accounts registered in the Defendants' names, satisfying the three certainties for an express trust (traceable RM650,000, retention of passbooks and control over withdrawals). The Defendants' unauthorised actions (false police reports, account changes, withdrawals) constituted a breach of trust, and there was no compelling reason to overturn the Sessions Court's findings; therefore the appeal was dismissed and costs awarded.