GROUNDS OF JUDGMENT

FACTS

The Plaintiff a former Chief Health Inspector in the Majlis Perbandaran Johor Bahru and his brother Khaw Chong Liat (KCL) engaged the services of the Defendant, a partner in the firm of Tetuan Ismail, Khoo & Associates to act for them prior to me commencement of Penang High Court Civil Suit Number 22-63-1995 (Suit 63) later consolidated with Penang High Court Suit Number 22-271-1994 and 22-299-1995 and Originating Motion Number 25-59-2001. The Plaintiff was named as one of the four Trustees in the last Will of his late father Datuk Khaw Bian Cheng, deceased (the said deceased) dated 24.10.1990. There were thirteen Plaintiffs. Subsequently the said deceased was alleged to have made another Will. Suit 63 was filed by the Plaintiffs against the 1st to the 3rd Defendants and the 4th and 5th Defendants who later intervened to determine the validity of one of the two Wills and all the parties to the Suit 63 were the children and grand children of the said deceased. The Court delivered judgment in favour of the Plaintiffs by declaring the Will made on 24.10.90 as the valid Will. It is necessary for the purposes of this case to reproduce the entire order of the Cour