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2016 MarsdenLR 2199

HIGH COURT SABAH & SARAWAK KOTA KINABALU
LIN YING-CHUN – Appellant
Versus
JOSEPH LING & ORS & OTHER APPEALS – Respondent


Table of Content
1. overview of the suits and parties involved. (Para 1 , 2 , 3 , 4 , 5)
2. claims of fraud and property ownership. (Para 6 , 8 , 9 , 10)
3. burden of proof rests on the plaintiff. (Para 12 , 14 , 18 , 20)
Azhahari Kamal Ramli JC:

[1] There are three (3) suits jointly tried before this Court namely Suit KK-21-14-2011, KK-21-15-2011 and KK-21-16-2011. For the purpose of this decision, the 3 actions will be referred to as Suit 14, Suit 15 and Suit 16 respectively. The Plaintiff in these 3 suits is one Lin Ying-Chun, a Taiwanese businessman.

[2] In suit 14 the Defendants are as follows:

(i) Joseph Ling - the 1st Defendant

(ii) Ng Vun Leong - the 2nd Defendant

(iii) Datu Abd Ahad Datu Okar - the 3rd Defendant

(iv) The Director of Lands and Surveys Department - the 4th Defendant

(v) The Government of the State of Sabah - the 5th Defendant

[3] In suit 15 the Defendants are:

(i) Joseph Ling - the 1st Defendant

(ii) The Director of Lands and Surveys Department - the 2nd Defendant

(iii) The Government of the State of Sabah - the 3rd Defendant

(iv) Alpha Bravo Sdn Bhd - the 4th Defendant

[4] In suit 16, the Defendants are:

(i) Joseph Ling - the 1st Defendant

(ii) Ng Vun Leong - the 2nd Defendan

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