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2023 MarsdenLR 73

HIGH COURT SABAH & SARAWAK SIBU
CHING SU YONG – Appellant
Versus
MOH MEE HUI & ORS – Respondent


Petitioner Advocates:Fiona Tin ,Respondent Advocate: William Ting

Table of Content
1. jurisdiction to issue citations in probate matters (Para 1 , 2 , 3 , 4)
2. understanding the applicable probate law in sarawak (Para 5 , 6 , 7 , 8 , 9)
3. rules of court 2012's limitations in sarawak (Para 16 , 17 , 19 , 20)
4. court's decision on the citation's validity (Para 28)
Wong Siong Tung J:

[1] On 2 August 2022, the Citor herein procured a citation issued by the Senior Assistant Registrar under O 72 r 7 and 8 of the Rules of 2012 to the 1st Citee.

[2] The citation required the 1st Citee to bring into and leave in the Registry of the High Court, Sibu, the probate of the last Will and testament of Ching Kuok Fei (WN KP.860613-52-5281) [the deceased] granted on 13 September 2021 to the 1st Citee by the 4th Citee, who is the Probate Officer of the District Office, Sibu in order that the Citor may proceed for it to be revoked.

[3] The citation was purported applied for by the Citor based on his affidavit verifying statements of fact whereby the Citor alleged that the Will concerned for which the probate was granted by the 4th Citee was procured by fraud, or undue influence and/or executed by the deceased under suspicious circumstances, also that the deceased was wi

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