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2021 MarsdenLR 2626

HIGH COURT MALAYA KUALA LUMPUR
TAN AH LAK & CO – Appellant
Versus
TAN GHEE SENG @ JOHNNY TAN & ORS – Respondent


Petitioner Advocates:Lam Chong Seng ,Respondent Advocate: Krishna Dallumah,YH Yong

JUDGMENT

Mohd Arief Emran Arifin JC:

A. Introduction

[1] This is an interpleader application sought by the Applicant, a law firm in the name of Messrs Tan Ah Lak & Co, filed in accordance with O 17 of the Rules of 2012.

[2] The Applicant seeks direction from this Court as to who should the sum of RM1,863,017.76 be paid to.

[3] There are two opposing camps claiming that the said sums of monies should be paid to. The First Respondent is the executor of the estate of the deceased, Yang Chan Seng @ Conchita Yang claims that the said sums of monies should be paid into the accounts of the estate. Whereas the other Respondents who are the beneficiaries of the estate, claims that the said sums should be paid to them.

B. Material Facts

[4] The Applicant was appointed as the solicitors for the late Yang Chan Seng @ Conchita Yang ("Conchita").

[5] During the lifetime of Conchita, she had appointed the 2nd Respondent ("Betty Tan") as her representative and two (2) Power of Attorneys were issued in favour of Betty Tan. These were the Power of Attorneys dated 15 March 1989 and 18 June 2008.

[6] During Conchita's lifetime, she had also sold her property at No 56, Jalan University 46200, Petaling Jaya, Se


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