JUDGMENTBY: GUNN CHIT TUAN J

On 23 February 1979, Shell Malaysia Trading Sdn Bhd (the plaintiff) filed a suit against one Leong Yuet Yeng the administratrix, and Lim Chin Beng and Lim Chui Pher as the co-administrators of the estate of Lim Chooi Seng, deceased (the defendants), for a sum of$ 793,116.13 being a debt incurred and owed by the said deceased. A conditional appearance was entered for the defendants on 31 May 1979, without prejudice to an application to set aside the writ.

On 17 April 1979, Skrine & Co wrote to Shearn Delamore & Co, the plaintiffs solicitors, to say that they act on behalf of the proposed administratrix and administrators of the estate of the late Lim Chooi Seng. They also informed Shearn Delamore & Co that a grant in their clients favour had not yet been extracted because of difficulties in finding sureties to give the administration bond. They pointed out that the action was premature and that their clients have been improperly sued. Further to another enquiry by Shearn Delamore & Co, Skrine & Co informed them that only a limited grant was extracted on 20 October 1977, to enable some of the assets of the estate to be dealt with, but no general grant

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