HIGH COURT MALAYA PENANG
LOKE SUAT CHOO – Appellant
Versus
LOKE YI LIN (ENCLS 64 98 & 106) – Respondent
JUDGMENT
Background
[1] Enclosure 106 is an application filed by the Applicant, Loke Suat Choo, to strike out a citation issued by the Respondent, Loke Yi Lin, under encl 98, pursuant to O 72, r 7 of the Rules of 2012.
[2] The citation requires the Applicant, as executrix of the estate of the late Koay Saw Tin ("the Deceased"), to bring and deposit the Grant of Probate dated 17 July 2013 with the Court registry. Its purpose is to facilitate the Respondent's intended challenge to the Will dated 4 August 2010 ("2010 Will") by asserting the existence of a subsequent Will dated 2 February 2013 ("2013 Will").
[3] The Applicant contends that the Respondent's citation constitutes an abuse of the Court 's process, as the Respondent has previously made multiple unsuccessful attempts to challenge the 2010 Will and revoke the Grant of Probate. The Applicant further argues that these attempts, having been dismissed by the Court of Appeal (COA), render the current citation barred by res judicata.
[4] The Respondent, on the other hand, asserts that a citation is merely a procedural tool to notify the executor of an impending challenge and should not be prematurely struck out, as it
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