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2020 MarsdenLR 672

COURT OF APPEAL PUTRAJAYA
THEOW SAY KOW @ TEOH KIANG SENG HENRY – Appellant
Versus
GRACEFUL FRONTIER SDN BHD & ORS AND OTHER APPEALS – Respondent


Petitioner Advocates:Gurdial Singh Nijar,Liza Chan,Joshua Kevin Sathiaseelan,Leng Wie Mun,Lam Tse Heung,Abraham Au,Damien Chan,Farhanna Rosian ,Respondent Advocate: Cyrus Das,Ranjit Singh,Raj Shankar,Gregory Ling,V Arivanandhan,Lee Mei Xian

JUDGMENT

Mary Lim Thiam Suan JCA:

[1] This decision is prepared pursuant to s 42 of the Courts of Judicature Act 1964 as our learned sister, Justice Yew Jen Kie has since retired.

[2] There are three appeals before us, all stemming from bitter disputes between two central figures, two brothers, namely, the elder brother, Theow Say Kow @ Teoh Kiang Seng ["Henry"] and the younger brother, Teoh Kiang Hong ["Gary"], over the shares and landed properties of their family companies. Essentially, Henry filed two suits; one together with a few others against Gary and others, namely Civil Suit No: 22-52-2010 and, a separate suit against the solicitors involved in their affairs, that is, Civil Suit No: 22-610-2008; while Gary filed Civil Suit No: 22-121-2008 against Henry. Henry's suit against the 5th and 18th defendants was withdrawn.

[3] All three suits were consolidated and tried together. After a full hearing with witnesses, Henry's claims were dismissed while Gary's was allowed. Henry appealed.

[4] We heard extensive oral submissions from the respective parties over several days. These submissions have been duly considered together with their equally comprehensive written submissions against

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