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2018 MarsdenLR 819

COURT OF APPEAL PUTRAJAYA
AZINAL SDN BHD – Appellant
Versus
ABDUL RAVUFF A S DAWOOD & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:M Pathmanathan ,Respondent Advocate: Gopal Sri Ram,V Manokaran,M Rajenthirakumar,Chin Yan Leng,David Yii,Damien Chan

Table of Content
1. background on appeals regarding familial trust claims. (Para 1 , 2)
2. discussion on the creation and validity of the 1981 agreement. (Para 3 , 6)
3. legal actions are premised on the 1981 agreement and subsequent transactions. (Para 8 , 9 , 10)
4. court’s findings on trust not being established due to lack of action. (Para 13 , 18 , 20)
5. application of legal principles regarding trusts and limitations. (Para 14 , 22)
6. court discusses elements of creating a trust and relevant doctrines. (Para 21)
7. court evaluates the sales of land and their values. (Para 27 , 28 , 29)
Background Facts

[1] The first three of these four appeals relate to the same decision of the learned High Court Judge delivered on 28 February 2017 where Her Ladyship allowed the claim of the six plaintiffs against the six defendants. Why these many appeals was because the 6th defendant filed its own appeal (for brevity, Appeal No 471), the 1st, 3rd to 5th defendants jointly filed theirs (Appeal No 481), the 2nd defendants appeal is Appeal no 702 and in which the plaintiffs have filed a cross-appeal. The last appeal, Appeal no 960 was filed by the 1st, 3rd and 5th defendants against the same High Cou

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