JUDGMENT

Abdull Hamid Embong FCJ:

(1) The background to this appeal is best understood by the following chronology of events which spanned over 20 years:

01.07.1991 Kantilal Prabhulal Doshi ("the deceased") died leaving a will in which his wife, Damayanti Kantilal Doshi, and his youngest son, Jogesh Kantilal Doshi (Jogesh) were named as executrix and executor respectively of the deceaseds estate. (In this judgment we will refer to them as the then executrix and executor)

17.08.1991 The then executrix and executor then instituted Johor Bahru High Court Suit No. 22-195-1991 ("Suit No. 195") against the appellant, his wife and Overseas Industries Sdn Bhd (a company which was formed by the deceased in 1969) for inter alia a declaration that the appellant holds 1,475 shares in the said company in trust for the estate.

15.10.1991 Probate was granted in favour of the then executrix and executor.

17.09.1994 The appellant, his wife and Overseas Industries Sdn Bhd filed a notice of motion for an order that the grant of probate granted by the High Court to the then executrix and executor be revoked.

29.07.1995 The High Court allowed the above-mentioned application and ordered that the