Ian H.C. Chin J:

This case took us back not only to the 1950's but the subsequent two decades as well and the writ herein was taken out on 15 September 1988 to have two transfers of land, one done on 6 September 1973 and the other on 20 June 1974, declared void on the ground that the transferor, to the knowledge of the transferee, was at that time of unsound mind.

It was only on 2 May 1991 that the plaintiff set this case down for trial.

The Statement of Claim

The claim is by Peter Sim Kon Sang in his capacity as the administrator of the estate of one Chong Yu Tai (f) deceased ("the plaintiff") against the defendant Datin Shim Tok Keng @ Sim Chok Ken ("the defendant"). The plaintiff's claim is that the said Chong Yu Tai when she was alive on two occasions transferred to the defendant certain undivided shares of her land constituted in Country Lease No. 105097274 ("the land") when she was, as the defendant well knew, of unsound mind at the time of executing the transfers and incapable of understanding the same. The first transfer took place on 6 September 1973 and was in respect of 96/135 undivided share while the second transfer took place on 20 June 1974 and was in respect of 32/39 undivided share.

The transfers, the plantiff claims, are void and of no effect and the plaintiff claims the following reliefs:

(1) A declaration that the late Chong Yu Tai (f), deceased was not competent to contract with the defendant in respect of the transfer of 96/135 undivided share and 32/39 undivided share under Memorial No.00121538 and Memorial No. 00129185 respectively in C.L. 105097274, Tawau, the said Chong Yu Tai (f), deceased being not of sound mind at all material times as the defendant then well knew. (2) A declaration that the purported transfers of the said 96/135 undivided share and 32/39 undivided share under Memorial No. 00121538 and Memorial No. 00129185 respectively in C.L.10509274, Tawau by the said Chong yu Tai (f), deceased to the defendant were and are void and of no effect and ought to be set aside. (3) An order that the defendant do forthwith execute memoranda of transfer to transfer the said 96/135 undivided share and 32/39 undivided share under Memorial No. 00121538 and Memorial No. 00129185 respectively in C.L. 105097274, Tawau to the plaintiff as administrator of the estate of the said Chong

Yu Tai (f), Deceased. (4) An injunction to restrain the defendant by herself, her servants or agents or howsoever otherwise from transferring, charging, leasing or otherwise howsoever dealing with the said 96/135 undivided share and 32/39 undivided share under Memorial No. 00121538 and Memorial No. 001229185 respectively in C.L. 105097274, Tawau. (5) Damages. (6) Costs. (7) Further or other relief.

The Defence

The defendant in her defence maintains that she paid a total sum of RM33,000 for the said transfers. She denied that the said Chong Yu Tai was at the relevant time of unsound mind. She added that, in any event, she had no knowledge that Chong Yu Tai was at that time of unsound mind and that she was not aware of any circucmstances, medical or otherwise, that may lead her to believe Chong Yu Tai was of unsound mind.

She also maintained that the plaintiff's claim is barred by s. 3 of the Limitation Ordinance (Cap.72)

The Issues

From the pleadings, the issues to be decided appear to be:

(1) whether Chong Yu Tai was on 6 September 1983 and on 20 June 1984 of unsound mind; (2) whether, if the answer to issue (1) is in the affirmative, the defendant at the relevant time knew Chong Yu Tai was of unsound mind; (3) whether the claim is statute-barred; and (4) whether, if the answers to issue (1) and (2) are in the affirmative and the answer to issue (3) is in the negative, damages are recoverable by the plaintiff.

There are other issues which were advanced in the closing speeches of Counsel and which I will refer to later but first to the history of this case.

Staggered Trail

I began hearing evidence on 30 Marc