The judgment clarifies the establishment of public trust over land intended for educational purposes, incorporating both the school and kindergarten as beneficiaries.

[1] The appeal by the appellants (defendants in the court below) was against the decision by the learned High court Judge who found that there exists a 'public trust' over a piece of land in Endau, Mersing, Johor, which gives a kindergarten known as Tadika Chiao Ching and/or the respondents (plaintiffs in the court below) the right to continue to remain and operate on the land.

[2] After hearing submissions from both parties and upon perusing the Appeal Records together with the learned trial judge's grounds of judgment, we found no merits in the appeal and accordingly dismissed the appeal with costs. Our reasons for doing so appear herein below.

[3] For purposes of this judgment, parties shall be referred to, as they were in the court below.

Background Facts:

[4] The dispute herein revolves around the right of a private kindergarten known as Tadika Chiao Ching (the kindergarten) to remain and continue to operate on a piece of land held under GRN 89452, Lot 25, Bandar Padang Endau, Daerah Mersing, Negeri Johor (the land).

[5] The registered proprietors of the land as of 1962 were Har Weng Koo and Chia Chong @ Chia Cheong, each owning 1⁄2 share. Chia Chong @ Chia Cheong is the 2nd defendant's father-in-law.

[6] There are three different entities operating on the land at the material time and to date, namely:

(i) Sekolah Rendah Kebangsaan (C) Chiao Ching (the school);

(ii) Tadika Chiao Ching (the kindergarten); and

(iii)Rumah Berhala Tian Hou, Endau (the temple).

[7] The 1st plaintiff is the management board of the kindergarten and the 2nd - 3rd plaintiffs are the Chairman and committee member of the management board of the kindergarten respectively.

[8] The 1st defendant is the management board of the school known as Lembaga Pengelola SRJK (C) Chiao Ching (Lembaga Pengelola) whilst the 2nd-5th defendants are the trustees appointed to hold the land for and on behalf of the Lembaga Pengelola of the school.

[9] The school was established in 1932, with the late Har Weng Koo as Chairman of the Lembaga Pengelola from 1946-1984 and has been operating on the land since 1956.

[10] The kindergarten was established in 1976 on a non-profit basis by the late Har Weng Koo and Chia Chong @ Chia Cheong. It was built using donated funds from the local residents of Endau and was registered under the Education Act 1961 and shares the same building and facilities as the school. The kindergarten served as a 'feeder' kindergarten for the school for the past 38 years.

[11] The late Har Weng Koo appointed the 4th defendant as the Chairman of the management board of the kindergarten and the temple. The 4th defendant remained in that post until he resigned in 2012 due to health reasons.

[12] The plaintiffs averred that at all material times up until 2009, the 1st defendant never asked for any financial contribution from the kindergarten for the use of the building and facilities. During the course of all those years, the school and the kindergarten were managed effectively, through mutual cooperation and consultation for the benefit of the public and local residents.

[13] Har Weng Koo passed away on 10 March 1990 and a grant of probate was granted to Chai Soon Hin (2nd defendant) on 13 November 1990 as sole executor through a Will dated 15 October 1983 (the Will). In the Will, the late Har Weng Koo bequeathed his 1⁄2 interest in the land to the 1st defendant. The relevant cl 5 of the Will states as follows:

"I direct that all my half share in all that piece of land held under C.T. 4912 for Lot. 25 in the Township of Padang Endau, District of Mersing, Negeri Johor to be given to SEKOLAH RENDAH JEN