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2023 MarsdenLR 866

HIGH COURT SABAH & SARAWAK SIBU
LUNYI NYALA – Appellant
Versus
JUANA MAN NGIPA & ORS – Respondent


Petitioner Advocates:Cecil Lau ,Respondent Advocate: Andrew Kaya

Wong Siong Tung J

[1] By this Originating Summons dated 21 October 2022 herein (Encl 1), the Plaintiff is applying for the following orders against the Defendants:

(1) That the Letter of Administration affecting the estate of the late Ngipa Anak Singut (the Deceased) under application for probate matter No.SBU/126/2020B Vol.100 Folio.43 (the said Letters of Administration) granted to the 1st Defendant be cancelled and hereby revoked;

(2) That the 1st, 2nd and 3rd Defendants are deemed to have granted necessary consent to the Plaintiff to apply to be the administratrix of the estate of the Deceased; and

(3) That if the Plaintiff is appointed as the administratrix of the estate of the Deceased, the Plaintiff may dispose of any estate of the Deceased with the proceed of sale be distributed in accordance with law after deducting the reasonable expenses that may be incurred.

[2] The Defendants took out a Notice of Application dated 1 March 2023 (Encl 8) to strike out the Plaintiff's Originating Summons herein and the Plaintiff's Affidavit in Support affirmed on 19 October 2022 (Encl 2) under O 18 r 19(1)(a) or (b) or (d) Rules of 2012 and inherent jurisdiction of the Court on the grounds th

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