JUDGMENT

Lee Hun Hoe J:

Having entered conditional appearance on 5 October 1968 the defendant filed a notice of motion on 10 October 1968 and moved the Court to set aside the writ of summons for want of qualifying status on the part of the plaintiff.

In 1949 Sim Joo Mui was appointed administrator of the estates of Sim Chu Kwang and Sim Kia Mui under the Administration of Native and Small Estates Ordinance. He was the younger brother of Sim Kia Mui who died in Tawau in 1942 and he was the uncle of Sim Chu Kwang who died in China in 1937. The two estates seem to be tied up with the firm of Chop Peng Hong Co. of Tawau. Many beneficiaries are interested in the two estates. Sim Joo Mui died on 4 September 1963 without distributing the estates which by effluxion of time have enhanced in value.

The plaintiff applied for letters of administration de bonis non in respect of the estate of Sim Kia Mui under petition No. 53 of 1964 and of the estate of Sim Chu Kwang under petition No. 43 of 1966. In each of these petitions Seah Ah Puah alia's

Seah Hwa Joo entered a caveat. The matters thus become contentious. On 9 March 1966 when both petitions came before Silke J it was ordered that plead