JUDGMENT

Faridz Gohim Abdullah J:

A. Introduction

[1] This is the applicants' application for judicial review filed under O 53 r 4 of the Rules of 2012 ("ROC 2012") seeking the following reliefs:

(a) An Order of Certiorari be issued to quash the 1st respondent's decision on 21 February 2024, in rejecting the applicants' application dated 4 October 2023, made pursuant to s 32(1) of the Administration of Estates Ordinance (Cap 80), to revoke the Letter of Administration dated 3 August 2023, which has appointed the 2nd respondent as the Administratrix to the Estate of Mohd Omar Lopez @ George Anthony Lopez (WN.KP.370511-12-5007 / K231192);

(b) An Order of Mandamus be issued to the 1st respondent to revoke the Letter of Administration dated 3 August 2023, which was issued by the 1st respondent in appointing the 2nd respondent as the Administratrix to the Estate of Mohd Omar Lopez @ George Anthony Lopez (WN.KP.370511-12-5007 / K231192);

(c) An Order of Mandamus be issued to the 1st respondent directing the 1st respondent to issue Letter of Administration afresh, in appointing the applicant to be the Administratrix to the Estate of Mohd Omar Lopez @ George Anthony Lopez (WN.KP.370511-12-5007 / K231192);

(d) An injunction against the 2nd respondent whether acting by herself or her servant(s) or agent(s) or any of them or otherwise howsoever be restrained from dealing with, taking any steps and/or continue to take any steps in any manner or whatsoever based on the Letter of Administration [Estate No.SWK/EST.No 520/2023], in respect of the estate of Mohd Omar Lopez @ George Anthony Lopez (WN.KP.370511-12-5007 / K231192) dated 3 August 2023 and/or purportedly identified as Mohd Omar Lopez @ George Anthony Lopez @ Mohamad Omar Lopez @ Md. Omar Bin Lopaz @ Omar Lopez in the said Letter of Administration, pending the final determination or disposal of this action by this Honourable Court or until further order of this Honourable Court ;

(e) A consequential Order, until the final determination or disposal of this action by this Honourable Court or until further Order of this Honourable Court , that all assets under the estate of Mohd Omar Lopez @ George Anthony Lopez (WN.KP.370511-12-5007 / K231192), which have been removed, taken, used or transferred or otherwise howsoever by the 2nd Defendant based on the purported Letter of Administration, be restored to the estate forthwith;

(f) The cost of this application be borne by the respondents on a full indemnity basis; and

(g) Such further and other orders as deemed fit and proper to be granted by this Honourable Court .

[2] On 14 March 2025, this Court had allowed the judicial review application. Dissatisfied with my decision, the 2nd respondent filed an appeal to the Court of Appeal vide a Notice of Appeal dated 24 March 2025. However, the 1st respondent [Amanah Raya Berhad], who was being sued in its capacity as the Probate Officer, chose not to appeal.

B. Brief Background Facts

[3] The background facts leading to the application for this judicial review are as follows:

3.1 The 1st applicant is the 2nd Wife cum beneficiary to Mohd Omar Lopez @ George Anthony Lopez (WN.KP.370511-12-5007 / K231192) ("Deceased"), a person who professed and practiced the religion of Islam, who passed away on 30 January 2021, at Christchurch, New Zealand.

3.2 The 2nd to 5th applicants are the children and beneficiaries of the Deceased together with the 2nd respondent.

3.3 The 1st respondent is a public limited company incorporated under the Public Trust Corporation Act 1995, which is wholly owned by the Government of Malaysia is being sued as Probate Officer herein. The 1st respondent is empowered by law, to issue probate and letters of administration by virtue of s 3(a) of the Administration of Estates Ordinance (Cap 80), in respect of non-Malay and non-Dayak estates in the district of Kuching.

3.4 The 2nd respondent is the appointed Administratrix to the estate of the Deceased, vide a Letter of Administration [the "