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HIGH COURT SABAH & SARAWAK SIBU
LEE YIU PING & ORS – Appellant
Versus
NGU LEH NGIIK & ANOR – Respondent
| Table of Content |
|---|
| 1. application under sarawak land code for land partition. (Para 1 , 2) |
| 2. details on ownership and consent for partition. (Para 3) |
| 3. plaintiffs and defendants' positions on partition intentions. (Para 4 , 5) |
| 4. legal requirements for partition under sarawak land code. (Para 6 , 7 , 8) |
| 5. court's findings on consent and shareholdings. (Para 9 , 10 , 12 , 14) |
| 6. court's findings on partition allocations and fair distribution. (Para 13) |
| 7. court's rationale for granting partition based on equitable principles. (Para 20 , 21 , 22 , 26 , 29) |
[1] This is the Plaintiffs' application pursuant to s 129 of the Sarawak Land Code (Cap 81) for the partition of the land described as Sibu Occupation Ticket No 35735 ("Land") vide the Originating Summons dated 25 September 2015 filed herein (Enclosure 1).
[2] The relevant affidavits filed and exchanged in relation to the said Originating Summons are as follows:-
(i) The Plaintiffs' Affidavit in Support affirmed by Lee Neng King on 25 September 2015 (Enclosure 2);
(ii) The Defendants' Affidavit in Opposition affirmed by Ngu Leh Ngiik on 19 November 2015 (Enclosure7);
(iii) The Plaintiffs' Affidavit in Reply affirmed by Lee Neng King on 25 N
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