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2005 MarsdenLR 2567 ; 2005 MarsdenLR 1

RICHARD MALANJUM
NG THAU SHING – Appellant
Versus
GEORGE JUSTINE – Respondent


Advocates:
For the plaintiff - Datuk Douglas C Primus; M/s Lee & Thong
For the defendant - Gabriel Ho Ken Wun; M/s Gabriel Ho & Co
For the intervener - Roland Cheng Ho Wah; M/s Roland Cheng & Co
For the 3rd party - Roderic A Fernandez; M/s Shelley Yap Leong Tseu, Chong Chia & Co
For the 4th party - Gabriel Ho Ken Wun; M/s Gabriel Ho & Co
(Originating Summons No: S24-59-1999)
For the plaintiff - Datuk Douglas C Primus; M/s Lee & Thong
For the defendant - Gabriel Ho Ken Wun; M/s Gabriel Ho & Co
For the intervener - Roland Cheng Ho Wah; M/s Roland Cheng & Co
For the 3rd party - Roderic A Fernandez; M/s Shelley Yap Leong Tseu, Chong Chia & Co
For the 4th party - Gabriel Ho Ken Wun; M/s Gabriel Ho & Co
(Originating Summons No: S24-31-2000)
For the plaintiff - Datuk Douglas C Primus; M/s Lee & Thong
For the 1st defendant - Gabriel Ho Ken Wun; M/s Gabriel Ho & Co
For the 2nd defendant - Roland Cheng Ho Wah; M/s Roland Cheng & Co
For the 3rd party - Roderic A Fernandez; M/s Shelley Yap Leong Tseu, Chong Chia & Co
For the 4th party - Gabriel Ho Ken Wun; M/s Gabriel Ho & Co
(Originating Summons No: S24-47-2000)
For the plaintiff - Datuk Douglas C Primus; M/s Lee & Thong
For the 1st defendant - Gabriel Ho Ken Wun; M/s Gabriel Ho & Co
For the 2nd defendant - Roland Cheng Ho Wah; M/s Roland Cheng & Co
For the 3rd defendant - Lee Chuen Wan; M/s Shelley Yap Leong Tseu, Chong Chia & Co
For the 3rd party - Roderic A Fernandez; M/s Shelley Yap Leong Tseu, Chong Chia & Co
For the 4th party - Gabriel Ho Ken Wun; M/s Gabriel Ho & Co

JUDGMENT

Richard Malanjum J:

Introduction

There are four actions before me all commenced by way of originating summons. They are O.S. No. S24-58 of 1999 (the first action), O.S. No. S24-59 of 1999 (the second action), O.S. No. S24-31 of 2000 (the third action) and O.S. No. S24-47 of 2000 (the fourth action).

In all these actions the reliefs sought for by the respective plaintiffs are identical, to wit, verbatim:

1. That the Power of Attorney dated the 11th day of November 1991 be declared null and void.

2. That all consequential acts made or purported to be made or carried in pursuant to the abovesaid Power of Attorney be declared null and void and of no consequence.

3. That the Director of the Lands and Surveys Department do cancel the land titles documents issued purportedly pursuant to the said Power of Attorney.

4. That the Defendant do pay all costs of this Application.

5. Any other directions that the Court may deem fit.

The parties have agreed for these actions to be heard jointly since the crucial issues are intertwined.

For ease of reference in this judgment where reference is made to more than one plaintiff they will collectively be referred to as 'the plaintiffs'but i

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