The executor of an estate has standing to remove wrongful caveats when legally appointed by the deceased's will and subsequent documents.

JUDGMENT

Abdul Malik Ishak J:

Background Facts

This was an application by the plaintiffs in encl. 3 by way of an originating summons for the following prayers:

(A) that the four private caveats lodged by the defendant on 8 June 1995 over the undivided half share belonging to the estate of Tan Sai Geok (f), deceased, namely:

(a) G.M. 182 Lot 95 Mukim Plentong via Presentation no: 772/95 Jilid no: 17 folio no: 33;

(b) G.M.183 Lot 100 Mukim Plentong via Presentation no: 773/95 Jilid no: 17 folio no: 34;

(c) G.M. 184 Lot 102 Mukim Plentong via Presentation no: 774/95 Jilid no: 17 folio no: 35;

(d) G.M. 193 Lot 101 Mukim Plentong via Presentation no: 775/95 Jilid no: 17 folio no: 36;

may be struck off.

(B) costs of this application;

(C) damages for wrongful caveating; (D) such further and/or other relief as the Honourable Court may grant/ask; and

(E) liberty to apply.

There were seven affidavits in support and they were marked as encls. 2, 6, 7, 8, 10, 11 and 13. The defendant's replies can be seen in encls. 9 and 12.

The sequence of events may be summarised as follows:

(1) 4 March 1984: The deceased Tan Sai Geok (f) inherited half undivided share of the four properties listed above (hereinafter referred to as the "four properties") from her late father by the name of Tan Poh Wah @ Tan Poh Hua and the same were duly registered in the name of the deceased Tan Sai Geok (f) (see the land titles exhibited as exh. "TKC 1" to "TKC 4" of encl. 2).

(2) 16 January 1985: The deceased Tan Sai Geok (f) made her last will as seen at exh. "TKC 6" of encl. 2 naming the plaintiff - Tan Kok Chuan, the executor and sole beneficiary thereof.

(3) 24 April 1986: The defendant by the name of Liew Nam Foong married the deceased Tan Sai Geok (f) by registration as seen in exh. "TKC 13A" of encl. 6 where the marriage certificate was exhibited for everyone to see.

(4) 20 February 1989: The deceased Tan Sai Geok (f) made her letter of authority appointing the plaintiff Tan Kok Chuan as executor, trustee and sole beneficiary and this can clearly be seen in the document marked as exh. "TKC 7" of encl. 2.

(5) 21 May 1989: Tan Sai Geok (f), the deceased in question passed away - a victim of heart attack as per the death certificate exhibited as exh. "TKC 5" of encl. 2. She died at the age of 39.

(6) 1 August 1994: The petition for the grant of probate was filed by the plaintiff Tan Kok Chuan in respect of the deceased Tan Sai Geok (f) vide probate no: 32-31-1994 in the High Court of Johor Bahru as seen in exh. "LNF 6" of encl. 9. It was deposed at para. 6(v) of encl. 9 that the defendant's previous solicitors Messrs CK Tan had caused a search to be made and found that probate was given to the plaintiff Tan Kok Chuan on 16 November 1994.

(7) 8 June 1995: By way of Form 19B to s. 323 of the National Land Code 1965 ("NLC"), the defendant filed four private caveats pertaining to the half undivided share on each of the four properties and this can clearly be seen at exhs. "TKC 8" to "TKC 11" of encl. 2. (8) 26 September 1995: The defendant filed an originating motion no: 25-48-95 at the Johor Bahru High Court to strike out the petition for the grant of probate that was filed by the plaintiff Tan Kok Chuan vide probate no: 32-31-1994.

(9) 28 March 1996: The plaintiff Tan Kok Chuan through his present solicitors Messrs Ong & Ong filed a summons for leave to enter conditional appearance to strike out the defendant's originating motion no: 25-48-95 and the summons was heard on 24 April 1996. These averments can be seen at para. 8(iii) of the defendant's affidavit in encl. 9.

(10) 5 July 1996: The plaintiff Tan Kok Chuan through his present solicitors Messrs Ong & Ong filed a further affidavit enclosing the letter of authority alluded to earlier and this can be seen by way of an averment