Alauddin Mohd Sheriff FCJ:

Introduction

The respondent had on 8 January1998 filed an application under O. 81 Rules of the High Court 1980 (RHC) for:

(a) (i) a declaration that the respondent (ie, the plaintiff) and/or his nominee is the registered and beneficial owner of all the 32,630 ordinary shares of RM1 each in SON HUUT PLANTATION SDN. BHD. (SHP); and

(ii) that the company secretary of SHP do register the respondent and/ or his nominee as the legal and beneficial owner of all the said 32,630 shares

(b) damages to be assessed; and

(c) costs.

The learned High Court Judge hadon 3 June 1999 made the following orders:

(a) a declaration that the respondent or his nominee is the beneficial owner of all the 32,630 ordinary shares of RM1 each in SHP;

(b) damages if any are to be assessed by the senior assistant registrar;

(c) costs.

The learned High Court Judge however,dismissed that part of the respondents' application directing the secretary of SHPto register the respondent and/or his nominee as the registered and beneficial ownerof all the 32,630 shares in SHP.

The appellant was dissatisfiedwith the decision of the High Court Judge and had appealed against that part ofthe d