JUDGMENT

Suleiman Hashim J:

On 9 November 1987 Mr. Ranjah bin Tikoi @ John died. Mr. Tikoi (deceased) was a traffic controller, Jabatan Keretapi Sabah. Deceased left a pension of according to Jabatan Keretapi Sabah RM512.50 p.m., according to Public Services Department Malaysia (Sabah Branch) RM532.50 p.m. There are two claimants to the pension.

(1) Puan Lee Nyuk Wan @ Julia (plaintiff) who says she is the sole widow;

(2) Puan Chin Oi Jin (defendant) says she is the sole widow.

The Public Services Department Malaysia (Sabah Branch) has indicated that the issue of who is the sole widow or as in a case of a polygamous marriage the issue of who are the widows be resolved before the pension can be released to the rightful widow/s as the case may be.

Plaintiff's case

Plaintiff married deceased at the Roman Catholic Church of St. Francis Xavier, Keningau, the marriage solemnised in accordance with the Roman Catholic Church Marriage Rites, registered under No. 28/55 (LNW1) confirmed by the Rev. Father Joseph Samuel @ Thomas, now Resident Priest, The Roman Church of St. Francis Xavier, Keningau, on 19 August 1955. They have six children, ages not given.

Soon after deceased died plaintiff inquired