JUDGMENT

Hayatul Akmal Abdul Aziz J:

(Enclosure 193/L.193)

Introduction

[1] The Second Defendant (D2) applied in L.193 to strike out:

(1) The First Defendant's (D1) counterclaim dated 25 October 2021 (L.126) against D2,

(2) Under O 18 r 19(1)(a) and/or (b) and/or (d) of the Rules of 2012 (RC 2012) and/or under the inherent jurisdiction of this Court and other related prayers.

[2] On 16 December 2024:

(1) After perusing the cause papers and hearing the submissions of the respective counsels, I allowed L.193. Costs of RM20,000.00, was ordered to be paid to D2 by D1 within 30 days.

(3) Dissatisfied, D1 filed this appeal, and my reasons are as follows:

Salient Facts

[3] The parties and other individuals filed several suits over their alleged claims to the estate of Madam Sam Poh San @ Shum Poh Sum.

[3.1] The crux of the dispute between them is the claim over who gets to control and share in the Compensation Sum of RM27,509,875.55 awarded by the Land Administrator for the compulsory acquisition of the property belonging to the estate of Madam Sam Poh San @ Shum Poh Sum, who at the time of her passing held ¾ undivided shares, while another holds the balance ¼ undivided shares. The Compensation Su