CHONG CHEE PIAO & ORS vs KOH WAH LEONG

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 MarsdenLR 761

COURT OF APPEAL PUTRAJAYA
CHONG CHEE PIAO & ORS – Appellant
Versus
KOH WAH LEONG – Respondent

Petitioner Advocates:Raymond Mah Mun Kitt,Denise Phang Hui Xian,Eric Toh Kah Yung ,Respondent Advocate: Shanty Raj,Ramesh Raj,Balbir Singh

Table of Content
1. establishment of the circumstances of the land and parties involved. (Para 1 , 2 , 3 , 4)
2. details surrounding the appellants' claims and the respondent's defense. (Para 5 , 6 , 8)
3. court's findings on constructive trust and related statutory obligations. (Para 9 , 10)
4. judicial determination about existence and scope of the constructive trust. (Para 25 , 26 , 30 , 32)
5. conclusion on the appeal outcome and specific orders made. (Para 63)

Ravinthran Paramaguru JCA:

Introduction

[1] This is an appeal against the decision of the High Court that dismissed the claim of the appellants who were plaintiffs in a trespass action. The respondent's counterclaim that the Chinese temple that is on the land in question is a beneficiary of a constructive trust was allowed. Pursuant to this finding, the High Court made a consequential order for the appointment of a surveyor to draw a plan of the land to determine the portion of the land occupied by the temple.

The Parties

[2] The land, which is the subject matter of the dispute in this case is described on the title as EMR 618, Lot 1421 Mukim Pengkalan Bharu. It is situated in Pantai Remis, Manjung District, Perak. It measures abo

Click Here to Read the rest of this document

2023 MarsdenLR 761

COURT OF APPEAL PUTRAJAYACHONG CHEE PIAO & ORS – AppellantVersusKOH WAH LEONG – Respondent

COURT OF APPEAL PUTRAJAYA
CHONG CHEE PIAO & ORS – Appellant
Versus
KOH WAH LEONG – Respondent