JUDGMENTBY: JAMES FOONG J

Chong Swee Lin (the deceased) died on 21 February 1993 as a result of a motor accident in Genting Highlands. On 12 November 1993, the petitioner, claiming himself to be the lawful husband of the deceased, filed a petition for letters of administration to the deceaseds estate. A caveat was posted by one Chan Kok Leong (the respondent) against this petition and after a warning was issued, the respondent entered appearance. By this act, this petition is considered as contested under O 71 r 37(14) of the Rules of High Court 1980 (the RHC 1980). This case was duly referred to the judge of the High Court, who then ordered it to be disposed of summarily under the powers granted to him under O 71 r 38(1) of the RHC 1980.

In accordance with O 71 r 38(2) of the RHC 1980, this matter was heard in open court. Besides affidavits being referred to, the makers of these affidavits were also cross-examined. Included during this hearing with the consent of all parties were several other witnesses who tendered oral evidence.

From the evidence adduced, the respondent together with his sisters, Chan Suit Foong and Elizabeth Chang Loong Yoke (who were later added as the se