10 Nov 2023
1. ) CHOOI SENG MIN 2. ) KAN SOOK KUAN 1. ) KAN SOOK TING 2. ) Pentadbir Tanah Daerah Seremban
- Citation
- NA-24NCvC-236-05/2023 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- NA-24NCvC-236-05/2023 (Mahkamah Tinggi)
On balance of probabilities the court found substantial and material disputes of fact regarding Kan Yan Heng's physical and mental capacity that could not be resolved on affidavit evidence alone; pursuant to Order 28 rule 8 the originating summons was converted to writ to allow full trial with oral evidence, expert psychiatric assessment and cross-examination, and the originating summons procedure was therefore inappropriate.