LAU YIN WAN @ LOW KIM HUI v 1. ) CHEW SAI NOOI 2. ) LAU HEN MENG
Catchwords
[1] As part of this action, the plaintiff seeks vacant possession of a house which the plaintiff claims is his since he is the registered owner of the property as stated in the Grant of Title and that his late brother only temporarily occupied the property as allowed by the plaintiff. [2] The plaintiff is also seeking damages, costs, and the removal of a private caveat placed on the property by the second defendant. [3] On the other hand, the defendants' counterclaim demands that the plaintiff transfer the property to the second defendant. This is on the premise that the plaintiff is holding the property in trust for the second defendant and the second defendant's brother. [4] The court finds that the defendants have satisfied the elements of a trust with evidence showing that the plaintiff holds the property on trust for his nephews, the second defendant and his brother. [5] As a consequence, the plaintiff's claim is dismissed, while at the same time the defendants’ counterclaim is allowed with costs of RM25,000.00, subject to allocatur.
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Judgment
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Read on eJudgmentSource: eJudgment (wa-22ncvc-715-11-2021)