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1993 MarsdenLR 1070

HIGH COURT KOTA KINABALU
TAN KEH HO – Appellant
Versus
TELIPOK LUMBER INDUSTRIES SDN. BHD. & ORS. – Respondent


JUDGMENT

Ian H.C. Chin J:

I. The Application

This is an application by Tan Keh Ho ("Petitioner") by summons in chambers dated 16 October 1993 for the following injunction, viz:

(1) Chin Chen Fui ("Chin"), the 4th respondent, be restrained from acting or holding himself out as a director of Telipok Lumber Industries Sdn. Bhd. ("Telipok"), the 1st respondent; (2) Telipok be restrained from effecting any pay- ment in excess of RM4,000 per month by way of rental to Antekad Sdn. Bhd. ("Antekad"), the 5th respondent; and (3) Antekad be restrained from assigning, selling, surrendering, transferring, disposing, pledging as security, charging or in any manner encumbering the property Country Lease No. 045132303 consisting of 46.60 acres ("the Land").

Tan Keh Ho ("the Petitioner") had on 13 October 1993 taken out a petition against Telipok, Gan Geok Peng ("Gan"), Lim Ming Wan ("Lim"), Chin Chen Fui ("Chin") and Antekad praying for an order that a receiver and manager be appointed for Telipok, for an order that Lim re-transfer her one share in Telipok to Gan, for a declaration that Chin had ceased to be a director of Telipok, for an order that Gan and Antekad render an account of the profits and

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