JUDGMENT

Suleiman Hashim J:

[1] The plaintiff is a member and the incumbent President of Kelab Golf Labuan (hereinafter referred to as the 'LGC') and brings this action on behalf of the club as the plaintiffs.

[2] The defendant's name appears as the registered proprietor of land held under Town Lease No. 207512589 (hereinafter referred to as 'the land').

[3] The plaintiffs' claim with a certain amount of overlapping is as in the amended statement of claim dated 20 August 1991:

(1) A declaration that the defendant holds the said land as a bare trustee for and on behalf of the club which is rightfully entitled to have its name registered on the title held as Town Lease No. 207512589;

(2) A declaration that by reason of fraud the defendant is not entitled to remain as the registered proprietor of the said land and an order that the name of the defendant be expunged from the title to the said land and the same be rectified by the name of the club being substituted in place thereof;

(3) A declaration that the defendant holds the said land held under Town Lease No. 207512589 as a constructive trustee on behalf of the club and is therefore precluded from dealing and/or acting in any manner in