Zakaria Sam J:

[1] Enclosure 2 is the Originating Summons (OS) filed by the plaintiff for the rectification of the registers of the members of the 1st defendant company with the alteration of the name of the 2nd defendant as the holder of 161 shares cover certificate No. 0057.

[2] This Application was supported by the affidavit affirmed by the 1st plaintiff and on behalf of the 2nd and 3rd plaintiff (End.5).

[3] Enclosure 9 is the affidavit-in-reply by the 4th defendant.

[4] Enclosure 12 is the affidavit-in-reply by the 1st plaintiff to enclosure.

[5] Enclosure 14 is the affidavit-in-reply by the 2nd defendant.

The Brief Fact

[6] On 23.3.1990 the plaintiff filed a Summons-in-chamber No. OS 24-51-1998 (T) against the 1st and 2nd defendants (the 1st OS) for the wrongful transfer of the 161 shares from the 4th defendant to the 2nd defendant for the monetary consideration of RM500,000 as confirmed by the 4th defendant. The 1st OS was dismissed.

[7] On 26.7.01 the Court of Appeal allowed the plaintiffs' appeal and ordered for the rectification of the register of members pursuant to s 162 of the Companies Act (the Act). The Court of Appeal held that the transfer of the 161 shares was in