JUDGMENT

Faridz Gohim Abdullah J:

A. Introduction

[1] On the 6 February 2025, this court had allowed the applicant's application for judicial review [encl 1] 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 23 October 2023 to maintain its decision made on 20 July 2022 to grant Probate dated 8 September 2022 to the 2nd respondent based on Lim Choon Ho @ Lim Chun Ho (WN KP No: 240206-13-5035) (Deceased)'s Will dated 25 April 2017.

(b) A declaration that Lim Choon Ho @ Lim Chun Ho (WN KP No: 240206-13-5035) (Deceased)'s Will dated 20 September 2019 is valid and binding.

(c) An Order of Mandamus be issued to the 1st respondent to revoke the Probate dated 8 September 2022 granted by the 1st respondent to the 2nd respondent based on Lim Choon Ho @ Lim Chun Ho (WN KP No: 240206-13-5035) (Deceased)'s Will dated 25 April 2017.

(d) An Order of Mandamus be issued to the 1st respondent directing the 1st respondent to grant Probate to the applicant based on Lim Choon Ho @ Lim Chun Ho (WN KP No: 240206-13-5035) (Deceased)'s Will dated 20 September 2019.

(e) An injunction against the 2nd respondent whether acting by himself or his 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 whatsoever based on the grant of probate dated 8 September 2022 and/or Lim Choon Ho @ Lim Chun Ho (WN KP No: 240206-13-5035) (Deceased)'s Will dated 25 April 2017 pending the final determination or disposal of this action by this honourable court or until further order of this honourable court.

(f) A consequential Order that until the final determination or disposal of this action by this honourable court or until further order of this honourable court, that any all assets under the estate of the late Lim Choon Ho which has been removed, taken, used or transferred or otherwise howsoever by the 2nd respondent based on the grant of probate dated 8 September 2022 and/or Lim Choon Ho @ Lim Chun Ho (WN KP No: 240206-13-5035) (Deceased)'s Will dated 25 April 2017 be restored to the Estate; and

(g) The cost of this application be borne by the respondents on a full indemnity basis.

(h) Such further orders and/or reliefs as may be given or made as this Honourable court deems fit and proper in the circumstances.

[2] Dissatisfied with my decision, the 2nd respondent, Lim Yu Kong had filed an appeal to the court of Appeal vide a Notice of Appeal dated 18 February 2025. However, no appeal was filed by the 1st respondent.

B. Brief Background Facts

[3] The following are the salient facts that led to the applicant's application for a judicial review:

[3.1] The applicant and the 2nd Respondent are siblings, whereas the 1st respondent is the Probate Officer who had issued the Letters of Administration in respect of the applicant's and the 2nd respondent's deceased father's estate.

[3.2] On 20 September 2019, the Deceased had executed a Will ["2019 Will"] in the presence of two (2) attesting witnesses, a certified medical practitioner and the Deceased's wife (the late Mdm Tho Ah Song) [see exhs "LCH-1", "LCH-2" and "LCH-3"]. The Deceased then passed away on 12 May 2021 [see exh "LCH-4"].

[3.3] The applicant had, through her advocates, Messrs. Suhaili & Bong ("Applicant's Advocates") applied to the 1st respondent for a grant of probate as she was named as one of the alternative executors in the 2019 Will. The other executors in the 2019 Will had renounced their executorship of the 2019 Will [see exhs "LCH-5", "LCH-6" and "LCH-7"].

[3.4] On 4 November 2021, the applicant's Advocates received a letter from the 1st respondent informing them that they had received two (2) separate applications for the grant of probate for the estate of the Deceased. The first application was submitted by the 2nd respondent as the executor named in the Deceased's Will dated 25 April 2017 ["2017 Will"].