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HIGH COURT MALAYA PULAU PINANG
A ANDREW J ALFRED – Appellant
Versus
MARGARET MARY ALFRED & ANOR – Respondent
| Table of Content |
|---|
| 1. dispute between siblings regarding property ownership. (Para 1 , 2) |
| 2. details of the property purchase and ownership claims. (Para 5 , 6 , 8 , 10) |
| 3. defendants' counterclaims regarding shared ownership. (Para 14 , 15 , 18) |
| 4. application for amendment must be considered fairly. (Para 20 , 24) |
| 5. defendants allowed to amend their defense. (Para 41 , 42) |
(Amendment Of Defence To Include Defence Of Limitation)
Prelusion
[1] This suit is a dispute among siblings, between a brother on the one side, and two sisters on the other side. The dispute is over the ownership of a house. What is in dispute is whether each of them owns 1/3 of the house, or are the sisters' 2/3rds held on trust for the brother.
[2] The brother sued the sisters. The sisters' counter-sued. After the pleadings were closed, the sisters apply to amend their pleadings to include the defence of limitation. Should their application by allowed?
Plaintiff's Pleaded Facts
[3] The Plaintiff's pleaded claim includes these facts.
[4] In July 1991 (32 years ago), the Plaintiff bought a house for RM70K (Property).
[5] In order to facilitate getting a bank loan, he put the Defendants' (his siste
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