TAN AH KAM OOI GIM HOW

TAN AH KAM OOI GIM HOW

The application for summary judgment was dismissed because the defendant produced evidence (telephone transcript and witness statements) that raised a real and triable issue as to whether the deceased died testate or intestate, a factual issue that must be resolved at trial and therefore precludes summary judgment under Order 14.

Citation
PA-22NCvC-206-11/2020 (Mahkamah Tinggi)
Parties
Plaintiff: TAN AH KAM; Defendant: OOI GIM HOW
Court
High Court
Jurisdiction
Malaysia
Judgment Date
2 March 2022
Case Number
PA-22NCvC-206-11/2020 (Mahkamah Tinggi)
Procedural Posture
Civil Probate Dispute (challenge to Letters of Administration) / Application for Summary Judgment Under Order 14, Rules of Court 2012 (interlocutory)
Outcome
Application for summary judgment (Enclosure 26) dismissed
Legal Topics
Summary Judgment, Letters of Administration, Validity of Will, Triable Issues
Source Language
Malay/English
Probate Civil Procedure Administration of Estates Wills and Succession Summary Judgment Letters of Administration Validity of Will Triable Issues

Case Brief

Summary, issues, holding and outcome

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Parties

TAN AH KAM

Plaintiff

OOI GIM HOW

Defendant

Procedural Posture

Civil Probate Dispute (challenge to Letters of Administration) / Application for Summary Judgment Under Order 14, Rules of Court 2012 (interlocutory)

Legal Issues

  1. 1 whether the deceased died testate or intestate
  2. 2 whether the Letters of Administration granted to the defendant are valid
  3. 3 whether the defendant has raised a triable issue sufficient to defeat summary judgment under Order 14

Ratio Decidendi

The application for summary judgment was dismissed because the defendant produced evidence (telephone transcript and witness statements) that raised a real and triable issue as to whether the deceased died testate or intestate, a factual issue that must be resolved at trial and therefore precludes summary judgment under Order 14.

Court Disposition

Application for summary judgment (Enclosure 26) dismissed

Orders

  • Enclosure 26 dismissed