AMANAH RAYA BERHAD vs ONG CHIN HOO

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 MarsdenLR 866

COURT OF APPEAL MALAYSIA
AMANAH RAYA BERHAD – Appellant
Versus
ONG CHIN HOO – Respondent

Petitioner Advocates:Abdul Fareed Gafoor ,Respondent Advocate: Zakiah Mohammed

Table of Content
1. introduction of the appeal and background facts regarding property. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. striking out application for lack of capacity under estate law. (Para 11)
3. arguments regarding legal capacity to contract, referencing statutory requirements. (Para 12 , 20)
4. court's emphasis on administrative legality in contracts. (Para 18)

[1] This is an appeal by the 1st defendant against the decision of the High Court which dismissed its application to strike out the plaintiff's claim against it pursuant to O 18 r 19(1)(a) and/or (b) and/or (d) of the Rules of (ROC) 2012. We were of the view that the striking out application should have been allowed and we so ordered, accordingly reversing the decision of the High Court. The background facts are not in dispute and are set out below.

Salient Facts

[2] Chong Siew Koey and Choong Siew Thean were a couple who both passed away without wills, collectively leaving behind six properties in Mukim 17, Daerah Seberang Perai with the following details:

[3] Cheng Song Lim, Chen Weng Seng, Chen Thee Sim (the 3rd defendant) and Cheng Gnek Goh (the 4th defendant) were the lawful heirs of Chong Siew Koey and Choong Siew Thean. E

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2019 MarsdenLR 866

COURT OF APPEAL MALAYSIAAMANAH RAYA BERHAD – AppellantVersusONG CHIN HOO – Respondent

COURT OF APPEAL MALAYSIA
AMANAH RAYA BERHAD – Appellant
Versus
ONG CHIN HOO – Respondent