JUDGMENT

Suria Kumar DJ Paul J:

Introduction

[1] This is yet another dispute between siblings over their parents' property.

[2] It concerns their late mother's 1/2 share in the Land held under GM 5378, Lot No 5840, Mukim Minyak Beku, Daerah Batu Pahat, Johor ("Lot 5840").

[3] Regarding this dispute, the plaintiffs are challenging the validity of their late mother's last will and testament.

[4] Conversely, the defendant is disputing the Memorandum of Transfer executed by their late mother to transfer her 1/2 share in Lot 5840 to the 2nd plaintiff.

[5] Their late mother is also referred to as Madam Tan Swee Hua in this judgment.

Background Facts

[6] The brief background facts are elicited from the pleadings and evidence, as neither party had narrated them in their submissions.

[7] The plaintiffs and the defendant are seven siblings out of the nine children born to the late Mr Lim Suit Tei and Madam Tan Swee Hua, deceased.

[8] The late Mr Lim Suit Tei, deceased, worked as a farmer. whereas Madam Tan Swee Hua was a housewife looking after the well-being of her family. They were illiterate.

[9] The 1st, 2nd, 3rd and 4th plaintiffs had to stop their primary education and help their late father with