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FEDERAL COURT PUTRAJAYA
TAKAKO SAKAO – Appellant
Versus
NG PEK YUEN & ANOR – Respondent
[1] The appellant is a Japanese citizen. She brought an action to establish that she was the beneficial owner of a share in a shop-house of which the second respondent, a private limited company is the registered proprietor. She failed before the High Court. Her appeal to the Court of Appeal was dismissed. She now appeals to us pursuant to the leave granted by this Court. The facts have been fully rehearsed by the Court of Appeal in its judgment that is reported in [2009] 5 CLJ 200. We are therefore spared the task of regurgitating them here. Suffice that we state the facts relevant to the issues in this appeal.
[2] The appellant and the first respondent were partners in the business of a restaurant. Sometime in 1992, they decided to acquire the building in which the restaurant had its business. Each of them was to contribute towards the purchase price. In the courts below, the appellant said that she had provided a sum of RM214,610 as her contribution towards the price. That figure was however corrected before us to RM194,610. But the courts below did not accept that this payment had been made. They found for the far lesser sum of RM65,450. They also held
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