Introduction

[1] The appellant, Low Tin Yong @ Low Yong Lian, who was the defendant in the court below ("the appellant") appealed from the judgment of the High court of Malaya at Shah Alam, allowing the claim by the respondent, Low Yong Thuan, the plaintiff in the court below ("the respondent"), for a declaration that a piece of land known as Grant No: 50645, Lot No: 7968, Mukim Kajang, Daerah Ulu Langat, Negeri Selangor ("the said land") and registered in the name of the appellant since 11 January 1963, is held on trust by him for the respondent and his six other siblings. The appellant and the respondent are brothers. Three of the other siblings have passed away.

[2] On appeal to this court, the appellant contends that the trial judge misdirected herself in that she misconstrued or failed to properly/reasonably evaluate the evidence before her, in relation to salient matters of fact. This resulted in findings of fact that were plainly wrong. It was further contended that the learned judge had failed to appreciate sufficiently or at all the issue of laches in relation to the claim of the existence of a trust. Additionally, the learned trial judge misdirected