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2021 MarsdenLR 1167

HIGH COURT MALAYA KUALA LUMPUR
IN THE ESTATE OF LOH AH MOY @ LOH SIEW KENG


Petitioner Advocates:Jerry Lim,Ranjit Singh ,Respondent Advocate: Hazel Siau,Elizabeth Lau

JUDGMENT

Mohd Arief Emran Arifin JC:

Introduction

[1] The Applicant Ong Soo Kwee (Citee) is one of the executors of the estate of Loh Ah Moy @ Loh Siew Keng who passed away on 25 March 2001.

[2] The Respondents, Ong Soo Kan, Ong Soo Kit, Khong Kok Yew, Khong Kok Yun and Khong Kok Yau (Citors) are some of the beneficiaries of the estate of Loh Ah Moy.

[3] The Citors are unhappy with the administration of the Estate and alleges, among others, that the Citee is acting in conflict with his duties as the Executor of the estate and his personal interest. These allegations appear in the Affidavit in Support filed by Khong Kok Yun filed in support of the Citors' application to issue the citation.

[4] The applicant seeks to strike out the citation obtained by the Citors.

Decision Of This Court

[5] The Citee argues that the Citation obtained by the Citors are invalid on the following grounds:

(i) All of the executors / trustees were not named in the Citation.

(ii) The Citee is not in possession of the Grant of Probate.

(iii) Non-Disclosure of Material Facts by the Citors.

(iv) The Citors failed to comply with the procedural requirements of O 72 r 8 Rules of 2012.

[6] I have considered the arguments rais


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