The appellant sought to challenge the decision of the Meureudu Shari'a Court (lower court), which had dismissed his claim in its entirety.
The Court disagreed with the judgment of the lower court for several reasons. Firstly, the respondent, in his response (dated 4 August 2009), had stated that the object in dispute was part of his parents' estate and was bequeathed to the respondent via a deed executed in 1996 (dated 27 December 1996) while his parents were still alive. While this accorded with information provided by two of the respondent's witnesses (Ibrahim Bin Risyad, and the respondent's older sibling Asiah), it contradicted the respondent's own rebuttal.
On the other hand, the appellant's claim was supported by information provided by witnesses the appellant had produced. Moreover, the elements of a bequest had all been met, most importantly the requirement of consent. The Court made specific mention of the importance of consent in establishing a gift, quoting Syekh Sayyid Sabiq in Sunnah Jilid III.
Accordingly, the Court dismissed the 1996 deed as having any legal effect, and found the bequest to be in the appellant's favour.