JUDGMENT

Abu Mansor Ali JCA:

We heard substantive arguments after which we adjourned this matter for judgment to a date to be fixed.

The Facts Of The Case

The facts of this case are as follows. The plaintiff was the present respondent and the appellant was defendant in the court below. The plaintiff was officiating as the President of Kelab Golf Labuan (the club) at the time of the writ. The defendant/appellant was the registered owner of a piece of land under Town Lease No. 207512589 (the said land).

By a writ dated 15 April 1991, at the High Court Labuan (amended on 20 August 1991) the respondent/plaintiff prayed for several declarations inter alia (1) that the defendant/appellant held the said land in trust for and on behalf of the club, (2) a declaration that the defendant/appellant has no right to the ownership of the said land and (3) that there be an order cancelling the defendant/appellant's name in the title to the said land and that the club be registered instead.

The High Court Labuan allowed the plaintiff/respondent's application after a lengthy hearing and appellant/defendant is dissatisfied with the High Court's decision and appeal to us.

The Plaintiff's Case

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