JUDGMENT

Celestina Stuel Galid J:

Introduction

The Subject Matter Of The Dispute

[1] The subject matter of the present dispute was the property known as Lot B11, Garden Villa,Mile 6, North Road, Sandakan ("the Bungalow") which was registered in the defendant's name.

[2] The plaintiff was at all material times, a shareholder of the defendant and was a director of the company from 24 May 2005 until 12 August 2020.

[3] The other shareholder and director of the defendant was the sister of the plaintiff, Lee Yee Wuen, who testified for the defendant as DW2.

[4] By this action, the plaintiff sought for declarations, including that the Bungalow was held in trust by the defendant for the plaintiff and that the plaintiff was the beneficial owner of the Bungalow.

Background Facts

[5] The defendant was incorporated on 30 August 1995 under the name of Merlipan Sdn Bhd. The shares of Merlipan Sdn Bhd were bought over by the late Lee Poh Sin ("the deceased") and his wife, Low Nang Hiang (PW2). They werethe parents of the plaintiff and DW2. The deceased who passed away in 2018, waspreviously and until his passing, also a shareholder and director of the defendant.

[6] On 26 October 1995, the name of the def