Tengku Baharudin Shah JCA:

[1] The appellants, who were the plaintiffs in the court below, sought a declaration that the respondent holds Country Lease 015430136 (the disputed land) as trustee for Tan Sri Wee Boon Ping (Tan Sri Wee) and for an order that the respondent execute a registrable Memorandum of Transfer of the disputed land in Tan Sri Wee's favour for registration (the claim). It was alleged that the respondent, as one of the participants of a land scheme initiated in 1976, did not take up and pay for his share resulting in the same being reallotted to Tan Sri Wee. While Tan Sri Wee had fully paid for the land cost (RM42,929.76) and the development cost (RM228,113.70) of the disputed land the respondent made no payment at all. The plaintiffs' claim was however dismissed by the High court with costs, the learned trial judge holding that Tan Sri Wee only paid the money in 1980 after the respondent was already credited with having paid for it in May 1979, as such no trust had arisen. Hence the appeal to this court. Written submissions were put in by the respective parties and arguments of counsel were heard in Kota Kinabalu when judgment was reserved on 27 July 2006.