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2021 MarsdenLR 109

HIGH COURT SABAH & SARAWAK KOTA KINABALU
GOH CHIN MOI @ GOH CHIN FUNG & ORS – Appellant
Versus
GOH CHIN FOOK @ GOLOU & ORS – Respondent


Petitioner Advocates:Shireen Leandra Sikayun ,Respondent Advocate: Nadzifah Makut

JUDGMENT

(Enclosure 1)

Leonard David Shim JC:

[1] This is an application for certain declaratory reliefs and reimbursement of land compensation monies relating to the acquisition of the land held under Native Title 013050961 (the said land). The orders or reliefs sought by the Plaintiffs are as follows:

A. A declaration that Bungar bte Kumpat had prior to her death in November 1983 had indicated her intention to transfer the land held under Native Title 013050961 in equal shares to her eight (8) children namely:

1.1 Goh Chin Moi @ Goh Chin Fung - the First Plaintiff;

1.2 Goh Chin Ming @ Goh Chin Hwa - the Second Plaintiff;

1.3 Goh Chin Lin - the Third Plaintiff;

1.4 Goh Chin Lan @ Voo Chin Lan - the Fourth Plaintiff;

1.5 Goh Chin Siang @ Wu Chin Siang;

1.6 Goh Chin Fook @ Golou - the First Defendant;

1.7 Goh Chin Lok @ Datuk Johnny Goh; and

1.8 Ng Chin Kiong.

B. A declaration that prior to her death, Bungar bte Kumpat acting on her intention, had proceeded to request the Native Court of Inanam for a letter confirming in writing her intentions as above stated to transfer the land held under Native Title 013050961 - the equivalent of one (1) acre each to the First, Second, Third, Fourth Plaintiff


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