LAIN-LAIN In the Estate of Loh Ah Moy @ Loh Siew Keng (NRIC No: 090313-10-5076)

LAIN-LAIN In the Estate of Loh Ah Moy @ Loh Siew Keng (NRIC No: 090313-10-5076)

The application to strike out the citation was dismissed because the citation complied with procedural requirements (Order 72 r7 and r8), the Citee was properly cited as the sole surviving executor under s14 P&A Act, any failure to produce the Grant warranted an extension of time rather than striking out, and merits of claims are to be determined in the writ action not in citation proceedings.

Citation
S3-32-535-2001 (Mahkamah Tinggi)
Parties
Applicant / Sole Executor (citee): Ong Soo Kwee; Respondent / Beneficiary (citor): Ong Soo Kan; Respondent / Beneficiary (citor): Ong Soo Kit; Respondent / Beneficiary (citor): Khong Kok Yew; Respondent / Beneficiary (citor): Khong Kok Yun; Respondent / Beneficiary (citor): Khong Kok Yau; Deceased / Estate Subject: Loh Ah Moy @ Loh Siew Keng
Court
High Court
Jurisdiction
Malaysia
Judgment Date
30 November 2021
Case Number
S3-32-535-2001 (Mahkamah Tinggi)
Procedural Posture
Contentious Probate (citation Proceedings) / Interlocutory Application to Strike Out Citation Under Order 72
Outcome
Application to strike out dismissed; no order as to costs; Citee given 60 days to deliver the Grant of Probate to Court
Legal Topics
Citation Proceedings, Striking Out, Non Disclosure of Material Facts, Production of Grant of Probate, Executor Duties, Order 72 Rules of Court 2012
Source Language
Malay/English
Probate Civil Procedure Trusts Estate Administration Citation Proceedings Striking Out Non Disclosure of Material Facts Production of Grant of Probate +2 more

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Parties

Ong Soo Kwee

Applicant / Sole Executor (citee)

Ong Soo Kan

Respondent / Beneficiary (citor)

Ong Soo Kit

Respondent / Beneficiary (citor)

Khong Kok Yew

Respondent / Beneficiary (citor)

Khong Kok Yun

Respondent / Beneficiary (citor)

Khong Kok Yau

Respondent / Beneficiary (citor)

Loh Ah Moy @ Loh Siew Keng

Deceased / Estate Subject

Procedural Posture

Contentious Probate (citation Proceedings) / Interlocutory Application to Strike Out Citation Under Order 72

Legal Issues

  1. 1 Whether the citation is invalid for failing to name all executors
  2. 2 Whether failure to be in possession of Grant of Probate justifies striking out the citation
  3. 3 Whether the Citors failed to disclose material facts or comply with Order 72 r8

Ratio Decidendi

The application to strike out the citation was dismissed because the citation complied with procedural requirements (Order 72 r7 and r8), the Citee was properly cited as the sole surviving executor under s14 P&A Act, any failure to produce the Grant warranted an extension of time rather than striking out, and merits of claims are to be determined in the writ action not in citation proceedings.

Court Disposition

Application to strike out dismissed; no order as to costs; Citee given 60 days to deliver the Grant of Probate to Court

Orders

  • Application to strike out the citation dismissed
  • No order as to costs