JUDGMENT

Hasan Lah JCA:

Introduction

[1] This is an appeal by the defendants against the decision of the High Court at Kuala Lumpur dated 5 January 2006 whereby the High Court had allowed the plaintiffs' claim against the defendants.

[2] On 25 June 2007, after hearing submissions of counsel from both parties, we allowed the appeal with costs.

Facts Of The Case

[3] The plaintiffs are the lawful children and lawful issues of their mother, Bon Tong @ Low Boon Siew.

[4] The plaintiffs' mother was the lawful daughter and issue of her father, Low Moh, deceased.

[5] The plaintiffs are the lawful grandchildren and lawful issues of Low Moh, deceased.

[6] The defendants are the lawful sons and lawful issues of the said Low Moh, deceased.

[7] The 2nd defendant, Low Huck Tuck @ Low Hock Tay is now deceased.

[8] The plaintiffs' mother and the defendants were siblings.

[9] The plaintiffs' mother died intestate on 22 September 1966. She predeceased her father, Low Moh.

[10] The said Low Moh died intestate on 11 January 1977 leaving behind a lawful widow and ten lawful children surviving him, including the defendants.

[11] By grant of Letters of Administration dated 14 October 1977 issued by the High Court of K