6 Nov 2024
1. ) TANG AH LIK @ TAN TEIK YOUNG 2. ) TAN AH LEK @ TAN TIEK HOO 3. ) TAN TEIK LIANG 4. ) TAN TEK LENG 5. ) TAN TEIK CHIANG 6. ) TAN POH HENG TAN AH BA
- Citation
- P-02(NCvC)(W)-631-04/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- P-02(NCvC)(W)-631-04/2023 (Mahkamah Rayuan)
The Court allowed the appeal, finding the trial judge misdirected himself in fact and law by improperly placing burdens, failing to appreciate documentary and expert evidence, and unduly relying on testimony of an interested attesting solicitor; the Agreement and affidavit signatures are not from the same hand as the Will and the Agreement did not establish an unequivocal transfer to the defendant, therefore the High Court judgment was set aside and judgment was entered for the Plaintiffs as to specified prayers with damages assessment remitted and costs awarded.