Sulaiman Daud JC:

By a writ issued on 8 July 1995, the plaintiff brought an action against the defendants seeking, inter alia(i) a declaration that the third defendant holds four units of commercial shophouses on trust for the estate of the deceased and the first defendant in one half (1/2) undivided shares each; (ii) a declaration that the estate of the deceased is entitled to one half (1/2) undivided right, title, share and interest in the said four units of commercial shophouses; and (iii) an order that the first and second defendants do sign or execute all the necessary documents to facilitate the transfer of one half (1/2) undivided shares in the said four units of commercial shophouses to the estate of the deceased.

The brief history as established by the evidence and agreed between the parties can be summarised as follows. By an agreement in writing dated 26 Mac 1981 ("the agreement") entered into between one Chong Chin Choi (PW2) as the vendor on the one part and Chew Sek Kee, deceased, and the first defendant as the purchaser on the other part, the vendor agreed to sell to the purchaser six commercial shop lots ("the shop lots") for a total purchase price of RM360