26 Feb 2025
YONG GEK HONG LIM YEAN CHAI
- Citation
- BA-24NCvC-2512-11/2024 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- BA-24NCvC-2512-11/2024 (Mahkamah Tinggi)
The court found the defendant had demonstrated a prima facie caveatable interest such that triable issues existed (constructive trust and matrimonial asset disputes); the applicant had improperly combined disparate substantive claims and failed to plead procedural basis for declaratory relief in the originating summons; occupation was not shown to be trespassory but was with consent or as part of matrimonial arrangements. Consequently the originating summons under Order 89 was an inappropriate forum and the summons was dismissed with costs to be borne by the parties respectively.