JUDGEMENT

Abdul Hamid Mohamad FCJ:

By a notice of motion dated 17 December 2004, the applicant, inter alia, prayed for the following orders:

1. That leave be granted that Civil Appeal No. 02-03-2004 (J) be re-heard;

2. That the judgment of this court delivered on 22 October 2004 be set aside.

3. That the execution of the said judgment be stayed pending the final disposal of this court in respect of this motion.

To give a brief history of the case, the respondent commenced proceedings in the High Court, Johor Bahru praying for specific performance of an agreement dated 16 December 1995 and, alternatively, for a declaration that the respondent and/or his nominee is the registered and beneficial owner of 32,630 shares in Son Huut Plantation Sdn. Bhd. ("SHP") and that the company secretary registers the respondent and/or his nominee as the legal and beneficial owner of the said shares.

The respondent then applied for a summary judgment pursuant to O. 81 of the Rules of the High Court 1980 ("RHC 1980").

The High Court made an order declaring that the respondent or his nominee was the beneficial owner of the said shares but dismissed the prayer that the company secretary registers th