TAMILARASY A/P SIVALINGAM v 1. ) LETCHUMI A/P VEERAN 2. ) M.L. PUNIETHAVATY A/P MOOKHAN 3. ) KIRTHANA A/P RAJOO

wa-22ncvc-723-12-2022 High Court (Mahkamah Tinggi) 17 September 2025 • WA-22NCvC-723-12/2022

Catchwords

This case concerned a claim by the plaintiff that her late mother held shares in Madras Store on trust for her nine children. The court held that the alleged express trust failed to satisfy the three certainties, particularly certainty of intention, as evidenced by the deceased’s Will and express denial of any trust. The doctrines of res judicata and issue estoppel further barred re-litigation as the issue had been conclusively determined in the 2013 proceedings. The alternative claim for constructive trust also failed for want of unconscionability or unjust enrichment. The plaintiff’s claim was dismissed with costs.

Practice Areas

Civil Procedure Equity & Trusts Restitution

Judges (1)

Ahmad Shahrir b. Mohd Salleh Delivered

Parties (4)

Kirthana a/p Rajoo Defendant Letchumi a/p Veeran Defendant M.l. Puniethavaty a/p Mookhan Defendant Tamilarasy a/p Sivalingam Plaintiff

Judgment

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Read on eJudgment

Source: eJudgment (wa-22ncvc-723-12-2022)