SHARIFAH LATIFAH BINTI SYED OMAR 1. SYED MOHAMMAD NAQUIB BIN SYED ABDUL KADIR 2. SYED ABDUL RAHMAN BIN SYED JAAFAR (Sebagai Pemegang-Pemegang Amanah Estet Syed Hassan bin Ahmad Al-Attas)

SHARIFAH LATIFAH BINTI SYED OMAR 1. SYED MOHAMMAD NAQUIB BIN SYED ABDUL KADIR 2. SYED ABDUL RAHMAN BIN SYED JAAFAR (Sebagai Pemegang-Pemegang Amanah Estet Syed Hassan bin Ahmad Al-Attas)

Procedural defects in the application were technical, curable and did not prejudice the Defendants; the Defendants, having failed to appeal the June 2017 Order, were barred by res judicata from re‑litigating the matters decided therein; challenges to the Letters of Administration were not properly brought in this forum; accordingly the application to give effect to the Letters of Administration and to transfer the property was allowed and the Defendants could not resist enforcement of the order.

Citation
JA-24NCvC-430-07/2020 (Mahkamah Tinggi)
Parties
Plaintiff; Administrator of the Estate of the Deceased Syed Omar Bin Syed Abdullah Al Attas: Sharifah Latifah binti Syed Omar; Defendant; Trustee and Registered Owner of Lot 7343 (as Trustee of the Estate of Syed Hassan Bin Ahmad Al Attas): Syed Mohammad Naquib bin Syed Abdul Kadir; Defendant; Trustee and Registered Owner of Lot 7343 (as Trustee of the Estate of Syed Hassan Bin Ahmad Al Attas): Syed Abdul Rahman bin Syed Jaafar
Court
High Court
Jurisdiction
Malaysia
Judgment Date
14 June 2021
Case Number
JA-24NCvC-430-07/2020 (Mahkamah Tinggi)
Procedural Posture
Originating Summons Concerning Probate and Administration and Transfer of Land Title / Inter Partes Hearing on Application to Give Effect to Letters of Administration and to Set Aside/amend Prior Orders and Transfer Title
Outcome
Application allowed with costs
Legal Topics
Letters of Administration, Res Judicata, Transfer of Land Title, Non Compliance With Procedural Rules, Setting Aside/amending Court Orders
Source Language
Malay/English
Probate and Administration Property Law Civil Procedure Trusts and Trustees Letters of Administration Res Judicata Transfer of Land Title Non Compliance With Procedural Rules +1 more

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Parties

Sharifah Latifah binti Syed Omar

Plaintiff; Administrator of the Estate of the Deceased Syed Omar Bin Syed Abdullah Al Attas

Syed Mohammad Naquib bin Syed Abdul Kadir

Defendant; Trustee and Registered Owner of Lot 7343 (as Trustee of the Estate of Syed Hassan Bin Ahmad Al Attas)

Syed Abdul Rahman bin Syed Jaafar

Defendant; Trustee and Registered Owner of Lot 7343 (as Trustee of the Estate of Syed Hassan Bin Ahmad Al Attas)

Procedural Posture

Originating Summons Concerning Probate and Administration and Transfer of Land Title / Inter Partes Hearing on Application to Give Effect to Letters of Administration and to Set Aside/amend Prior Orders and Transfer Title

Legal Issues

  1. 1 Whether procedural/technical defects in the application and intitulement were fatal or curable
  2. 2 Whether the defendants were barred by res judicata from re-litigating issues decided in the June 2017 Order
  3. 3 Whether the defendants could challenge the validity of the Letters of Administration in this application

Ratio Decidendi

Procedural defects in the application were technical, curable and did not prejudice the Defendants; the Defendants, having failed to appeal the June 2017 Order, were barred by res judicata from re‑litigating the matters decided therein; challenges to the Letters of Administration were not properly brought in this forum; accordingly the application to give effect to the Letters of Administration and to transfer the property was allowed and the Defendants could not resist enforcement of the order.

Court Disposition

Application allowed with costs

Orders

  • Application allowed
  • Costs awarded to the Plaintiff