Adderina binti Kaharudin & Anor v Lim Yew Jin

Appellant(s):

• Adderina Binti Kaharudin
• Jihadi Bin Kaharudin

Respondent(s): Lim Yew Jin

• YA Datuk Supang Lian
• YA Dato' Lim Chong Fong
• YA Dato Alwi Bin Abdul Wahab

• The deceased, father of the appellants, was the registered proprietor of four properties, which the respondent claimed were held in trust for him.
• The respondent initiated a High Court suit seeking declarations of beneficial ownership and entitlement to sale proceeds from three of the properties sold by the deceased.
• The High Court found in favour of the respondent, declaring him the beneficial owner and entitled to the sale proceeds, prompting the appellants' appeal.

• Whether the High Court correctly admitted the Trust Documentation (Trust Deed and Power of Attorney) into evidence and properly assessed its evidential weight and the credibility of witnesses.
• Whether the High Court erred in its finding regarding valuable consideration for the trust, and if such consideration is a prerequisite for a valid express trust.
• Whether the alleged trust was illegal or void as against public policy, particularly concerning the properties' purported status as Malay reserved land and the respondent's non-Malay status.

• The Court of Appeal dismissed the appeal, affirming the High Court's finding that an express trust existed between the deceased and the respondent.
• The Court upheld the admissibility of the Trust Documentation under the Evidence Act 1950 and affirmed the High Court's assessment of witness credibility and the presence of consideration.
• The Court reiterated that an express trust is valid if the three certainties (words, subject, object) are present, irrespective of valuable consideration, and found insufficient evidence to prove the properties were Malay reserved land, thus rejecting the illegality argument.