Introduction

[1] For convenience, in this judgment, we will refer to the parties in the manner they were referred to in the High Court.

[2] This appeal is from the decision of the learned judge of the High Court of Penang given on 21 August 2011. The High Court had granted the following reliefs prayed for by the plaintiff:

(i) a declaration that the plaintiff was the beneficial owner of a property known as Lot 3070, Bandar Gelugor, Daerah Timur Laut, Penang held under Geran No 43279 together with premises erected thereon with the postal address of No 16, Jalan 3, Changkat Minden, Sungai Gelugor, 11700 Gelugor, Penang (the said property);

(ii) a declaration that the 1st defendant was a bare trustee of the said property;

(iii) a declaration that the transfer vide presentation No 7588/2004 on behalf of the 1st and the 2nd defendants was null and void;

(iv) a declaration that the charge vide presentation No 7589/2004 executed by the 2nd defendant in favour of the 3rd defendant was invalid;

(v) the 1st defendant was ordered to transfer the said property to the plaintiff within 14 days, failing which the Registrar of the Court is empowered to execute a transfer on behalf