JUDGMENT

(Post-Trial Appeal)

Kenneth St James JC:

Prelusion

[1] A son passed away. He had made a Will. The father asserted that the son died intestate (died without a Will). With the Will, the son's wife, as executrix (whom I will refer to, purely for convenience, as "executor") of the estate, applied for a grant of probate. The father lodged a probate caveat and made known his intention to contest the grant of probate.

[2] Before probate was granted, the father and the daughter-in-law negotiated to settle the dispute. The probate was then granted. The parties signed an agreement to pay the father a sum of money. The wife (daughter-in-law) could not fulfil all the payments. The father sued the wife for the balance amount of RM275,000.00 not paid. The wife counterclaimed for a declaration that the agreement was void and unenforceable. They went to trial.

[3] The Sessions Court dismissed P's claim and allowed the wife's Counterclaim. Hence the father appeals to this High Court .

[4] Applying the principles of appellate intervention, should P's Appeal be allowed (and the Sessions Court 's judgment be reversed), or should it be dismissed (and the Sessions Court 's judgment be upheld)?

The