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2014 MarsdenLR 347

COURT OF APPEAL PUTRAJAYA
LIAW SONG KEE & ANOR – Appellant
Versus
SAW CHAI KEE – Respondent


Table of Content
1. background of property ownership and disputes. (Para 1 , 1 , 2 , 3 , 4 , 5 , 6)
2. background of land dispute and ownership. (Para 7)
3. plaintiff claims beneficial ownership. (Para 8 , 9 , 10)
4. defendants assert lawful ownership. (Para 11 , 12 , 13)
5. judicial commissioner's reasoning. (Para 14)
6. appellate court's powers and jurisdiction. (Para 15 , 16 , 18)
7. appellate court's powers and standards. (Para 17 , 19)
8. burden of proof in civil cases. (Para 20 , 21 , 22 , 23)

[1] This is the appellants' appeal against the decision of the learned Judicial Commissioner allowing the respondent's claim for an order declaring him to be the lawful owner of a piece of land and that the appellants hold the said land as trustees for the respondent and other consequential orders. On 4 September 2014, we heard submissions of learned counsel for the parties. After perusing the records of appeal, the grounds of decision of the learned Judicial Commissioner and the written submission of the parties, we allowed the appeal with costs. We now give our grounds for allowing the appeal. We will refer to the parties as they were referred to at the High Court.

Introduction

[2] In 1973, the

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