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 defendant and the plaintiff entered into a written contract, by way of family arrangements dated 8 June 1998. The family arrangements, which form the legal basis of the plaintiff's claim and the defendant's counterclaim, merit reproduction in extenso as follows:

Family Arrangements

An Agreement made this 8th day of June 1998 between TANG MENG HOCK [NRIC NO. 581210-07-5405 (NEW) 5561720 (OLD)] of No. 1707, Mukim 12, Kampung Selamat, 13300 Tasek Glugor (hereinafter referred as the "DONOR") of the one part. And TAN MING SENG [NRIC NO. 7440404] of No. 1707, Tingkat Selamat 10, Tasek Glugor, Seberang Perai Utara, 13300 Penang (hereinafter referred as the "DONEE") of the other part.

For the love and affection the Donor shall give to the Donee the following:

(1) Cash RM60,000.00 on or before execution of Agreement herein (the sum of which the Donee hereby acknowledged receipt)

(2) One Unit Apartment - Taman Desa Relau 2, Parcel No. 10, Storey No. 12B, Building No. Q. (vide Sale Purchase Agreement dated 6th November 1995) purchased in the name of the Donee. The purchase price to be fully paid by the Donor.

(3) All that piece of land known as Lot No. 278, H.S. (D) 294/93 Mukim Padang Meha, Daerah Kulim presently registered in the name of the Donor shall be transferred into the Donee's name.

In Consideration thereof the Donee hereby acknowledged and confirm that the Donee shall make no further claims whatsoever against the Donor and/or the estates of TANG KAI HOO, deceased.

This Agreement shall be binding upon the respective heirs personal representatives successors in title and assigns of the Donor and the Donee.

Signed by the DonorTang Meng Hock	)	sgnd....Tang Meng Hock
	)
and	)
	)
	)
	)
Donee	)	sgnd....Tang Ming Seng
Tang Ming Seng	)
in the presence of	)
		Perakuan di bawah Sek. 48 Akta Setem 1949
sgnd.Tan Bak LeeAdvocate & Solicitor
		Disetem di bawah Seksyen 47A(1) Akta Setem sebanyak RM25/- dijelaskan sepenuhnya,
		t.t.
		Timbalan Pemungut Duti Setem Daerah Timur Laut, Pulau Pinang LHDN/P 01/2/42/08-148 24/7/99.

[6] The family arrangements were apparently prepared and witnessed by an advocate and solicitor and were expressed to be based on love and affection, pursuant to which the defendant has agreed to give the plaintiff:

(1) cash payment of RM60,000 on or before the execution thereof;

(2) an apartment unit; and

(3) the Meha land.

[7] In consideration thereof, the plaintiff agreed not to make any further claim against the defendant or the estate of their deceased father.

[8] The defendant had fulfilled items (1) and (2) under the family arrangements, by making the cash payment of RM60,000 and giving the apartment unit to the plaintiff, but not the Meha land in item (3).

[9] Some 19 months after the execution of the family arrangements, the plaintiff issued a notice dated 17 November 1999, enclosing Form 14A