The burden of proof in fraud claims lies with the Plaintiffs, who failed to demonstrate forgery on the balance of probabilities.

[1] The facts of the Plaintiffs' cause of action could be summarized as follows:-

(i) That the purported transfer of shares of 158,181 shares of the 1st Defendant, being 24% of total shareholding belonging to the late Teoh Ah Ngau ("the Deceased") to the 2nd Defendant, had contained elements of fraud;

(ii) That there was no consideration given in exchange for the transfer of the said 158,181 shares;

(iii) That the Deceased died intestate wherein the distribution and division of his assets was issued and executed by Amanah Raya Berhad Malaysia vide directive (No. 01420) on 8 February 1996 at its Ipoh's branch, pertaining to the 662 shares (at price of RM1.30 per unit) worth at RM860.60 and 6,662 shares (at the price of RM3.60 per unit) worth RM23, 983.20 under the Koperasi Serbaguna Malaysia Berhad ("KSM") to his beneficiaries including the Plaintiffs but until to date, there was no distribution made to the Plaintiffs despite them being the beneficiaries;

(iv) That there are suspicions, misgivings and/or reasonable doubts on the authenticity and/or legitimacy on the sale of 530,900 shares of DTI Holdings Sdn Bhd (Company No. 64818-X) belonging to the Deceased which purportedly agreed to be sold to the 1st Defendant at the price of RM1.00 per unit, ie for RM530,900.00;

(v) That the proceeds of the sale amounting to RM530,000.00 was never paid to and/or never received by the Deceased, therefore there was no consideration given for the said transaction, thus it gives rise to the existence of the elements of fraud;

(vi) That the 1st Defendants' resolution dated 8 August 1991, among others, approving the purchase of 530,900 shares of DTI Holdings Sdn Bhd belonging to the Deceased had the elements of fraud as the signature of the Deceased had been fabricated, falsified and/or forged whereby the Defendants had directly and indirectly benefited and/or profited from it;

(vii) That the 1st Defendants' resolution dated 9 August 1991, among others, dividing the 530,900 shares of DTI Holdings Sdn Bhd between the 2nd to 5th Defendants had the elements of fraud as the signature of the Deceased had been fabricated, falsified and/or forged whereby the Defendants had directly and indirectly benefited and/or profited from it;

(viii) That the 1st Defendants' resolution dated 24 August 1991, among others, approving the transfer of 158,181 shares of the 1st Defendant, belonging to the Deceased to the 2nd Defendant, had the elements of fraud as the signature of the Deceased had been fabricated, falsified and/or forged whereby the Defendants had directly and indirectly benefited and/or profited from it;

(ix) That the Extraordinary General Meeting of the 1st Defendant resolution on 24 August 1991 at 2.00 pm, among others, giving the power to the directors of the 1st Defendant to purchase from the Deceased the 530,900 shares of DTI Holdings Sdn Bhd had the elements of fraud as the signature of the Deceased had been fabricated, falsified and/or forged whereby the Defendants had directly and indirectly benefited and/or profited from it;

(x) That the Extraordinary General Meeting of the 1st Defendant resolution on 24 August 1991 at 3 March 0 pm, among others, approving the division of the 530,900 shares of the DTI Holdings Sdn Bhd between 2nd to 5th Defendants respectively had the elements of fraud as the signature of the Deceased had been fabricated, falsified and/or forged whereby the Defendants had directly and indirectly benefited and/or profited from it;

(xi) That the Deceased had died intestate as such until to date there was no application for a Letter of Administration being made in the court by any of his beneficiaries for the management and distribution of the assets of his estate; and

(xii) Since the death of the Deceased, all and/or substantial amount of his assets had been transfe