The Application

[1] This is an application by the defendants to strike out the plaintiffs' claim under limbs (a) or (b) or (d) of O 18 r 19(1) of the Rules of 2012 and/or the inherent jurisdiction of the Court. The plaintiffs' claim is for a declaration that certain properties in the 1st and 2nd defendants' names were held in trust for them. The properties were:

i. Shares in a company called Sri Magjuta Sdn Bhd ("shares") ; and

ii. A house held under HS (D) 183963 Lot PT 6817, Mukim Sungai Buloh, Daerah Petaling, Selangor ("Damansara house").

[2] The application was strenuously objected to by the plaintiffs on the grounds that the claim ought to properly be the subject of evidence and submission at the trial and cannot be resolved summarily. After these introductory remarks, it is now time to turn to the facts.

Factual Summary

[3] The undisputed affidavit evid