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2024 MarsdenLR 1132

HIGH COURT SABAH & SARAWAK KOTA KINABALU
LIM HOCK LENG, J
DARIUS HOINDI – Appellant
Versus
THOMAS HINJIANG & ORS – Respondent


Petitioner Advocates:Trevor Maringking ,Respondent Advocate: Emmie Martin

JUDGMENT

Lim Hock Leng J:

The Broad Issues, Parties And Dispute

[1] Broadly, the case at hand concerns, inter alia, Orders made by a Native Court and the High Court concerning the estate of a native who died testate, whether one Order is to prevail over the other, and whether the Order of the Native Court may be set aside or attacked in proceedings brought for that purpose.

[2] The case also concerns the role of pleadings and the Statements of Agreed Issues, and the issue whether the will could be impugned notwithstanding the manner in which the alleged vitiating factor of undue influence was pleaded, and the deceased's alleged lack of testamentary capacity.

[3] Additionally, there is the issue whether the Plaintiff's claim is defeated by the plea of limitation by the 1st and 2nd Defendants, notwithstanding that one of the Plaintiff's claims was for declarations.

[4] The Plaintiff is the only child and son of the late Joanes Hoindi Asing @ Hindi ("the deceased").

[5] The deceased had bequeathed a parcel of land held under NT 213101234 ("the Land") to his nephew, the 1st Defendant, under a will made on 26 November 2012.

[6] The deceased passed away on 22 May 2013.

[7] The Land is the s

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