JUDGMENT

Preliminary

[1] This judgment is prepared pursuant to s 78(1) of the Courts of Judicature Act 1964, as my learned brother Justice Ramly Ali FCJ and my learned sister Justice Alizatul Khair Osman Khairuddin FCJ have since retired. My learned brother Ahmad Maarop PCA, and my learned brother Justice Idrus Harun FCJ had read this judgment in draft and both of them agreed that this be our Judgment.

Salient Facts Of The Case

[2] The plaintiff in this case, Yogananthy A S Thambaiya ("the appellant") claims against Idris bin Osman ("the deceased") 55% of the deceased's shareholding in the latter's stock broking company, R & I Securities Sdn Bhd ("R & I") which at the material time was under receivership. It was a consideration for the appellant who gave financial assistance in the reorganisation of R & I by injecting monies into the latter to salvage it from financial difficulties.