Malayan Law Journal Unreported/2015/Volume/Lim Ban Kay @ Lim Chiam Boon lwn Kilang Kelapa Sawit
Morib Sdn Bhd dan satu lagi guaman sivil – [2015] MLJU 2179 – 13 October 2015
[2015] MLJU 2179
Lim Ban Kay @ Lim Chiam Boon lwn Kilang Kelapa Sawit Morib Sdn Bhd dan satu
lagi guaman sivil
COURT OF APPEAL (PUTRAJAYA)
DAVID WONG DAK WAH, UMI KALTHUM BINTI ABDUL MAJID AND ABDUL RAHMAN BIN SEBLI, JRAYUAN SIVIL/RAYUAN NOS: B-02-1288-08/2014 DAN MT4(2)-22-2109-07
13 October 2015
James Chow Chow Kok Leong & Co. for the appellant.
Chong Kah Heng (Arthur Wang Ming Way) (Ng Zhi Ying) for the respondent.
David Wong Dak Wah J:
JUDGMENT OF THE COURT
Introduction:
[1] This is an appeal against the decision of the High Court in which the learned Judge dismissed the Appellant’s/Plaintiff’s claim that the Trust Deed dated 11 November 2002 was invalid.
[2] We heard the appeal and after due consideration to respective submissions of counsel, we allowed the appeal and our reasons are these.
Background facts:
[3] The 1st Respondent had, via an agreement dated 7 June 1977, purchased lands known as Geran No. 30218, Lot 1, Mukim Bandar, Daerah Kuala Langat, Selangor Darul Ehsan, Geran 24859, Lot 2, Mukim Bandar, Daerah Kuala Langat, Selangor Darul Ehsan and Geran No. 28093, Lot 514, Daerah Kuala Langat, Selangor Darul Ehsan from Central Oil Palm Sdn Bhd.
[4] Upon becoming the beneficial owner of the aforesaid lands, the 1st Respondent between years 1988 till 1996 sold portions of the aforesaid lands to the Appellant and 128 other purchasers.
[5] Disputes in respect of the portions of the aforesaid lands that were sold arose between the Respondents and the Appellant and the other 128 purchasers. These disputes gave birth to the existence of four agreements to settle the disputes. Three of the agreements were dated 28 August 1998 while one called a “supplemental agreement[#65533]? was dated 18 January 2000.
[6] These disputes were set out in the recitals of the agreements and they are recitals C and D of the first three agreements dated 28 August 1998 which read as follow:
C. By an agreement dated 19 November 1996 and made between KKSM of the one part and various persons whose names specified therein which includes the Claimants (“the Settlement Agreement[#65533]?), the parties agreed to resolve disputes which had arisen between them with respect to the KKSM Land upon the terms and conditions therein
contained.
D. The dispute between KKSM and the Claimants was specifically with respect to Four Hundred (400) acres of the KKSM Land (“the Target Land[#65533]?) of which six (6) acres have been compulsorily acquired.
