1. ) Adderina Binti Kaharudin 2. ) Jihadi Bin Kaharudin v LIM YEW JIN

w-02ncvcw-621-04-2023 Court of Appeal (Mahkamah Rayuan) 7 October 2025 • W-02(NCvC)(W)-621-04/2023 • 29 min read
13 cases cited (0 SG, 13 foreign)

Catchwords

This is an appeal case concerning a trust over properties. The High Court initially ruled in favor of the Respondent, establishing the existence of a trust. The Court of Appeal affirmed the High Court's decision, finding no appealable error. The key issues revolved around the admissibility and enforceability of the trust documentation, valuable consideration, and the legality of the trust considering the bumiputra status of the land. The court found that an express trust existed and the trial judge was correct in their assessment.

Practice Areas

This is an appeal case concerning a trust over properties. The High Court initially ruled in favor of the Respondent, establishing the existence of a trust. The Court of Appeal affirmed the High Court's decision, finding no appealable error. The key issues revolved around the admissibility and enforceability of the trust documentation, valuable consideration, and the legality of the trust considering the bumiputra status of the land. The court found that an express trust existed and the trial judge was correct in their assessment.

Judges (3)

Alwi bin Abdul Wahab Coram Lim Chong Fong Delivered Supang Lian Coram

Counsel (4)

Rabinder Budiman & Associates Firm S Murthi & Associates Firm Rabinder Budiman & Associates Counsel Respondent S Murthi & Associates Counsel Appellant

Parties (3)

Adderina binti Kaharudin Appellant Jihadi bin Kaharudin Appellant Lim Yew Jin Respondent

Case Significance

1. ) Adderina Binti Kaharudin 2. ) Jihadi Bin Kaharudin v LIM YEW JIN is a Court of Appeal (Mahkamah Rayuan) decision dated October 7, 2025 (citation: w-02ncvcw-621-04-2023). <p>The children and administrators of a deceased man's estate resisted a claim by a third party over four pieces of bumiputra-reserved land held in trust. The Court of Appeal dismissed the appeal, affirming the High Court's finding that an express trust existed based on the trust deed and irrevocable power of attorney, and that the appellants failed to prove the properties were Malay reserved land that would render the trust void.</p> The panel comprised Alwi bin Abdul Wahab, Lim Chong Fong and Supang Lian, with Lim Chong Fong delivering the judgment. Counsel appearing: Rabinder Budiman & Associates (counsel for respondent), S Murthi & Associates (counsel for appellant).

Summary

The children and administrators of a deceased man's estate resisted a claim by a third party over four pieces of bumiputra-reserved land held in trust. The Court of Appeal dismissed the appeal, affirming the High Court's finding that an express trust existed based on the trust deed and irrevocable power of attorney, and that the appellants failed to prove the properties were Malay reserved land that would render the trust void.

What was the outcome of 1. ) Adderina Binti Kaharudin 2. ) Jihadi Bin Kaharudin v LIM YEW JIN?

<p>The children and administrators of a deceased man's estate resisted a claim by a third party over four pieces of bumiputra-reserved land held in tr...

Statutes Cited

Evidence Act
s 31(1)(g) s 65
Evidence Act 1950 (Cap 56)
Malay Reservations Enactment
s 8
National Land Code (Cap 828)

Cases Cited (13)

UK (1)
[2014] 1 WLR 2600
MY (12)
[1964] MLJ 92 [1965] 2 MLJ 151 [1976] 1 MLJ 151 [1994] 3 MLRH 890 [1995] 1 AMR 656 [1995] 1 CLJ 890 [1995] 2 MLJ 411 [2007] 4 MLJ 333 [2013] 3 AMR 649 [2020] 10 CLJ 1 [2021] 5 MLJ 51 [2021] MLRH 700