15 Feb 2022
CHAROEN POKPHAND JAYA FARM (M) SDN BHD YAP KUI KEE @ YAP KOOI KEE (sebagai Pentadbir Harta Pusaka bagi pihak Si Mati bernama Toh Hock Chon)
- Citation
- PA-12B-14-07/2020 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-12B-14-07/2020 (Mahkamah Tinggi)
The Sessions Court correctly dismissed the originating summons because the reliefs sought were substantive matters concerning administration of a deceased's estate, which fall outside Sessions Court jurisdiction under s69(j) Subordinate Courts Act 1948 and must be pursued under the Probate and Administration Act 1959 in the High Court; procedural provisions (Order 7 r2 and Order 92 r4 ROC) cannot be used to obtain substantive relief, and the OS was defective for failing to cite a substantive written law.