JUDGMENT

Gan Techiong JC:

Introduction

[1] The issue for determination in this case was about an instrument dated 5 January 2021 (" the said Instrument ") purporting to create an irrevocable power of attorney for an indefinite period - whether it was valid to appoint the 1st Defendant as the Plaintiff's attorney/donee irrevocably for an indefinite period. The said Instrument signed by the Plaintiff was deposited at the High Court at Kuala Lumpur in compliance with s 4 of the Powers of Attorney Act 1949 . The relevant law for the purpose of this case was s 6 of the said Act.

[2] The Plaintiff appeared to have filed the proceedings in this case in response to an Originating Summons filed by the 1st Defendant in the High Court of Malaya at Shah Alam in March 2023, which was registered as BA-24NCvC-580-03/2023 ("the Shah Alam OS") wherein the 1 st Defendant herein had prayed, inter alia, for leave to enforce the power of attorney purportedly created by the said Instrument and an order requiring the Plaintiff herein to deliver up the land title of a property belonging to the Plaintiff herein. The Shah Alam OS was subsequently transferred here, ie to the Kuala Lumpur branch of the High