The issuance of a citation under Order 72 of the Rules of Court 2012 is a mandatory prerequisite for commencing a probate action to revoke Letters of Administration.

Introduction

[1] This application [Enclosure 50] by the Citors pursuant to O 72 r 2(3) , 7 , and 8 of Rules of Court 2012 ("ROC") . The Citors filed an application in requiring the citees to bring into and leave at the Registry the "GERAN MENGENAI SURAT KUASA MENTADBIR" dated 7 April 2022 ("the grant") and issued by this Court on 19 May 2022.

[2] The Court granted the application (encl 50) on 11 May 2023 and dismissed the First Citee (1st Citee) objections. The Parties are referred to as they were in the High Court.

Cause Papers

[3] The Citors and 1st Citee refer to the following cause papers filed herein:

(i) Affidavit in Support affirmed by Tang Choon Meng on 8 June 2022 [Enclosure 49];

(ii) Sealed Citation dated 8 June 2022 [Enclosure 50];

(iii) 1st Citee's Memorandum of Appearance dated 29 June 2022 [Enclosure 51];

(iv) 1st Citee's Affidavit in Reply affirmed by Khoo Boo Lai on 30 June 2022 [Enclosure 52];

(v) Citors' Affidavit in Reply affirmed by Tang Choon Meng on 3 August 2022 [Enclosure 59]; and

(vi) 1st Citee's Further Affidavit in Reply affirmed by John Khoo Boo Lai on 8 September 2022 [Enclosure 67];

Background Facts As Submitted By Parties

[4] The Deceased, Tang Lam Ang @ Tan Bak Seng (NRIC No: 370626- 07-5193/3654913) ("Deceased") was a Malaysian citizen who resided at No 1359, Sungai Udang, 14310 Nibong Tebal, Seberang Perai Selatan, domiciled in Malaysia, and at the time of his death had properties within the jurisdiction of this Court.

[5] The 1st to 4th Citors are siblings and are the lawful children of the Deceased. Tan Choon Eng, Tan Zoon Hooi and Tan Choon Hong are also the Citors' siblings ("Citors' Siblings") and the lawful children of the Deceased. Together with the Citors, it is undisputed by parties that they are the Deceased's next of kin and beneficiaries to the Deceased's estate.

[6] In October 2015, the 1st to 3rd Citors appointed Ismail, Khoo & Associates to file an application to apply for the Grant of Letters of Administration vide Penang High Court Originating Summons No 31 NCvC-431 -10/2015 ("Application for Grant of LA"). The 1st Citee was the solicitor in charge of preparing all the relevant cause papers for the Application for Grant of LA.

[7] The 4th Citor, Tan Soke Meng was represented by Ong & Associates and the 2nd Citee was the solicitor in charge of the matter. The Citors' Siblings were represented by Arnold Andrew & Co and the 3rd Citee was the solicitor in charge of the matter.

[8] The Citors argues that contrary to the Citors' instructions and without their consent, the 1st and 2nd Citees had agreed to be appointed as co-administrators for the estate of the Deceased for the interest and benefit of the beneficiaries of the estate ("Order dated 11 April 2017")

[9] It is the Citors' allegation that the Citees' had at all material times failed, refused and/or neglected to provide the 1st to 3rd Citors with relevant updates or documents that were requested. As such, the 1st to 3rd Citors had appointed Faizul Hadi & Co as the 1st Citee had consistently ignored their queries for relevant information and documents but to no avail.

[10] By August 2021, more than 4 years had passed since the Order dated 11 April 2017, the 1st to 3rd Citors had appointed the Citors' solicitors, Mah Weng Kwai & Associates, to follow up on the status of the administration of the Deceased's estate. By way of a file search, the 1st to 3rd Citors d