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HIGH COURT MALAYA PENANG
LOKE SUAT CHOO – Appellant
Versus
LOKE YI LIN (ENCLS 64 98 & 106) – Respondent
| Table of Content |
|---|
| 1. application to strike out citation regarding grant of probate. (Para 1 , 2 , 3 , 5) |
| 2. arguments regarding necessity of citation as procedural tool. (Para 4 , 6 , 7 , 8) |
| 3. court's consideration of procedural validity and fairness. (Para 9 , 10 , 11 , 12 , 13) |
| 4. balancing procedural rights against judicial finality. (Para 14 , 15 , 16 , 17 , 18) |
| 5. decision not to strike out citation permitting substantive challenge. (Para 20) |
Background
[1] Enclosure 106 is an application filed by the Applicant, Loke Suat Choo, to strike out a citation issued by the Respondent, Loke Yi Lin, under encl 98, pursuant to O 72, r 7 of the Rules of 2012.
[2] The citation requires the Applicant, as executrix of the estate of the late Koay Saw Tin ("the Deceased"), to bring and deposit the Grant of Probate dated 17 July 2013 with the Court registry. Its purpose is to facilitate the Respondent's intended challenge to the Will dated 4 August 2010 ("2010 Will") by asserting the existence of a subsequent Will dated 2 February 2013 ("2013 Will").
[3] The Applicant contends that the Respondent's citation constitutes an abuse of the Court 's process, as the Respondent has pre
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