JUDGMENT

Low Hop Bing JCA:

Appeal

[1] On 30 November 2004, after a full trial, the Alor Setar High Court declared the family arrangements made between the respondent ("the plaintiff") and the appellant ("the defendant") on 8 June 1998 as valid and enforceable, and directed the defendant to transfer the land held under Lot 278 HS(D) 294/93, in the mukim of Padang Meha, district of Kulim ("the Meha land") to the plaintiff, and costs.

[2] This is the defendant's appeal against that decision.

Facts Of The Case

[3] The defendant is the plaintiff's elder brother. Their late father, Tang Kai Hoo, died on 29 June 1997, leaving a will dated 17 June 1997 ("the will") under which the defendant was appointed as executor. Save and except the land held under Geran No. 5069, Lot 560, in the mukim of Naga Lilit, Padang Serai, district of Kulim ("the Serai land"), their late father's properties had already been given to the children inter vivos .

[4] Under the will, the defendant was to get 15% of the proceeds of sale of the Serai land, while the plaintiff would get RM10,000 therefrom; and the balance would be distributed at the discretion of the defendant.

[5] After the death of their father, the defendan