JUDGMENT

Hasan Lah JCA:

Introduction

[1] These 3 appeals were fixed before us on 11 May 2009. The parties agreed that all the 3 appeals be heard together and for the purpose of the appeal case no. 239 would be heard first and should the court agree with the appellant's appeal in this case there would be no necessity to hear the other 2 appeals. In case no. 241, the appellant is the 7th defendant whereas in case no. 266 the appellant is the 3rd defendant.

[2] On 15 May 2009 we unanimously allowed the appeals. We now give the grounds of our decision.

[3] In this judgment the parties are referred to in their respective capacities in the High court.

The Background Facts

[4] This case concerns various parcels of land commonly known as the Ayer Itam Estate, particularly described in Schedule 1 annexed to the Re-Amended Statement of Claim ("the said Lands").

[5] The said Lands were at all material times registered in the name of Choong Lye Hock Estates Sdn. Bhd. ("Choong Lye Hock") who held the said Lands as trustees for the estate of Chor Bah Say @ Chor Bar Say, deceased ("the Estate of Chor Bah Say") as to the 3/4 undivided shares in the said Lands and, as registered and beneficial