Edgar Joseph Jr. SCJ:

This was an application by way of summons-inchambers to strike out the writ of summons, the Indorsement and the statement of claim dated 14 July 1988 against the first defendant on the ground that it discloses no reasonable cause of action and/or as being frivolus, vexatious and misconceived in law and an abuse of the process of the Court.

The plaintiff's claim against the first defendant, her former husband, is for a declaration that 47,001 units of Amanah Saham Shares ("the shares") issued by the second defendant Amanah Saham National Bhd. although registered in the name of the first defendant are held in trust for her, for an injunction and for an order for transfer of those shares in her favour.

The plaintiff alleges that during the subsistence of the marriage, she had purchased the shares in the name of the first defendant at the instance of the first defendant and so the first defendant will have to rebut the presumption of a resulting trust which arises in her favour. In other words, the plaintiff is relying on the principle enunciated by Eyre C.B. in Dyer v. Dyer [1788] 2 Cox 92 at p. 93:

The trust of a legal estate, whether freehold, copyh