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2025 MarsdenLR 3778

HIGH COURT MALAYA ALOR SETAR
ALI AWANG – Appellant
Versus
ZARINA AZIZ – Respondent


Petitioner Advocates:Mohd Amirul Ramli ,Respondent Advocate: Nor Hafiza Alias

JUDGMENT

John Lee Kien How @ Mohd Johan Lee J:

(After Trial)

Introduction

[1] This case concerns a dispute over property ownership, where the Plaintiff seeks to enforce an unfulfilled 1985 trust agreement for the return of a property currently held by the Defendant.

Brief Facts Of The Case

[2] The original Plaintiff was Ali Bin Awang ("Ali"), whose daughter, Hallifni Binti Ali, later took over as Plaintiff after Ali's death. The Defendant is being sued in her personal capacity and as the representative, administrator, and heir of her deceased husband, Mohd Nordin Bin Shuib ("Mohd Nordin"), as well as the trustee for their minor son, Muhammad Amir Haziq Bin Mohd Nordin.

[3] The case concerns a specific property identified as GM 655, Lot 445, Bandar Pendang (formerly H.S.(M) 24/1982, Plot 20, Mukim Padang Pusing), Daerah Pendang, Kedah, which includes a single-story terraced house at No 20, Taman Sri Seberang thereon ("the Property").

[4] In 1985, Ali sold the Property to Mohd Nordin for RM85,000.00 through a Sale and Purchase Agreement dated 21 May 1985 ("the S&P"). This transaction was reportedly done in order to help Mohd Nordin, who had financial difficulties, obtaining a housing loan by


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