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HIGH COURT MALAYA KUALA LUMPUR
NG SIEW HAN & ANOR – Appellant
Versus
NOOR AISHAH ISMAIL & ANOR – Respondent
| Table of Content |
|---|
| 1. plaintiffs seek declarations on share ownership. (Para 1 , 2) |
| 2. defendants deny trust deeds validity and assert ownership. (Para 3 , 28 , 30) |
| 3. factual background of plaintiffs and defendants. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 12) |
| 4. identification of key issues to resolve. (Para 13 , 14 , 15 , 16 , 17 , 20 , 21 , 22 , 23 , 34) |
| 5. existence of express trust established. (Para 35 , 36 , 37) |
| 6. trust deeds authenticity and signature issues. (Para 38 , 39 , 40) |
| 7. validity of trust deeds regarding company articles. (Para 41 , 42 , 43) |
| 8. counterarguments on trust deeds validity considered. (Para 44 , 45 , 49 , 52 , 54) |
Preliminary
[1] In this action, the plaintiffs are seeking declarations and consequential reliefs to the effect that 90,000 shares in the company known as Muara Emas Sdn Bhd ("the company"), which are currently being held by the first and second defendants in the total number of 60,000 and 30,000 shares respectively, are held on trust by the defendants on behalf of the plaintiffs.
[2] Accordingly, the plaintiffs claim, inter alia, that the two (2) Trust Deeds between the plaintiffs and the defendants, which supposedly pr
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