JUDGMENT

Roz Mawar Rozain JC:

Application To Order For DNA Testing

[1] The Plaintiff filed this application [Encl 28] seeking for this Court to order the parties to undergo a DNA test to determine whether they are siblings from the same father. The basis cited for the Plaintiff's application was because the Defendant did not admit and acknowledge that the Plaintiff is an issue of Lim Kean Chie (the deceased) who is the Defendant's father. The Defendant challenged the data on the birth certificate of the Plaintiff that stated the father as the deceased. The issue for trial is whether the Plaintiff is entitled to a distributive share of the deceased's estate.

[2] The Plaintiff relied on the inherent powers of this Court for such orders. The Defendant vehemently objected to this application. It was argued that there are no provisions of law that allow for such orders sought by the Plaintiff. This Court heard submissions that s 24(d) Courts of Judicature Act 1964 (CJA) only allows the Court to order DNA testing for a child where here neither the Plaintiff nor the Defendant is a child.

The Facts Pleaded

[3] The Defendant, the only child of the deceased and Toh Guat Huah was named as the dec