JUDGMENT

Mohamed Apandi Ali J:

[1] Enclosure 1 is the plaintiff's application by Originating Summons for the following relief, against the defendants, pursuant to s. 162 of the Companies Act 1965 and according to O. 88 r. 3(1) of the High 1980 :

(1) that the 2nd defendant be ordered to rectify its register of members such that 15,000 units of shares in the 2nd defendant that are currently registered in the name of Haliza Binti Mohamed (the 1st defendant) be divided into 2 blocs, that is 10,000 units of the said shares are to be registered in the names of the plaintiffs jointly and 5,000 units of the said shares are to be registered in the name of the 1st defendant; and

(2) that the 2nd defendant be ordered to issue a certificate for 10,000 units of the said shares in the names of the plaintiffs jointly, and another certificate for 5,000 units of the said shares be issued in the name of the 1st defendant, within 14 days from the date of service of the order.

Background Of Case

[2] The background of this application are as follows:

(1) The plaintiffs are the joint administrators of the Estate of MD Rosly Bin Abdul Manap (the deceased) by virtue of letters of administration granted to them on 26 October 2005 by the High Court of Kuala Lumpur.

(2) On 3 May 2008, the Syariah Court granted an order, inter alia , that the 15,000 units of shares in the 2nd defendant - which are registered in the name of the 1st defendant - are the "harta sepencarian" of the deceased and the 1st defendant. The Syariah Court ordered 2/3 (10,000 units) is to be apportioned to the plaintiffs and 1/3 (5,000 units) is apportioned to the 1st defendant.

(3) Following the said order of the Syariah Court, the plaintiffs through their solicitors issued a notice dated 23 October 2008 to the 2nd defendant requesting the company to rectify its register of members such that 10,000 units of shares in the 2nd defendant be registered in the name of the plaintiffs and to issue a share certificate for 10,000 units shares to the plaintiffs accordingly.

(4) The 2nd defendants failed to comply with the said request, thus precipitating this application.

Findings

[3] Upon perusal of the cause papers and the submissions filed herein, I made the following findings:

(a) Section 162(1)(a) of the Companies Act . Section 162(1)(a) provides that:

162. Power of Court to rectify register.

(1) If:

(a) the name of any person is without sufficient cause entered in or omitted from the register; or

(b) default is made or unnecessary delay take place in entering in the register the fact of any person having ceased to be a member, the person aggrieved or any member or the company may apply to the Court for rectification of the register, and the Court may refuse the application or may order rectification of the register and payment by the company of any damages sustained by any party to the application.

(b) Order 88 r. 3(1) of the Rules of High provides that an application under s. 162 of the Companies Act for the rectification of the register of members of a company may be made by Originating Summons or Originating Motion.

(c) Plaintiffs are seeking for the following relief against the defendants that the 2nd defendant be ordered to rectify its register of members such that 15,000 units of shares in the 2nd defendant be divided into 2 blocs, that is, 10,000 units of the said shares are to be registered in the names of the plaintiffs jointly and 5,000 units of the said shares are to be registered in the name of the 1st defendant, and that the 2nd defendant be ordered to issue a certificate for 10,000 units of the said shares in the names of the plaintiffs jointly, and another certificate for 5,000 units of the said shares be issued in the name of the 1st defendant.

(d) This application was made pursuant to the decision of the Syariah High Court by its judgment dated 3 March 2008 (exh. SFM3 encl. 2) which ordered that the 15,000 units of shares in the 2nd defendant are the "harta sepencarian" of the decease