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HIGH COURT MALAYA JOHOR BAHRU
TAN LAY KHIM & ANOR – Appellant
Versus
KEANG NGO CHOR & ANOR – Respondent


Petitioner Advocates:Izzat Izzuddin ,Respondent Advocate: R Raja Gopal

Wong Mee Ling J:

Introduction

[1] This is an application by the applicants via Originating Summons (encl 1) ("OS") mainly for the determination of guardianship, custody, care and control of the child namely LKJ, (MyKid No.: 201027-XX-XXXX) (Birth Cert No.: DAC 45XXX) and who shall be responsible for the child's welfare in terms of care, support, health, education and growth.

[2] The Applicants also applied to be appointed as legal guardians of the child who shall have the right and management of the child's all official affairs and the child's life.

[3] After having read the Affidavits, written submissions by both the applicants and the respondents and after having heard the oral submissions of the parties, I allowed paras 1 and 2 of the applicant's application and other reliefs with costs to be borne by both parties equally.

[4] Below are my grounds of the decision.

Background

[5] The background facts in this application are gathered from the cause papers and submissions filed by the parties in chronological order.

[6] The brief facts which are relevant to the present application are as follows:

(a) on 16 March 2023, both the parents of the child died in a tragic road accident;

(b) even bef

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