18 Nov 2024
Tan Leng Keat [Membawa Guaman Sebagai Wasi Dan Penakat Tunggal Kepada Harta Pusaka Wong Kuan Hoh @ Wong Kuan Lan (No. K/p: 37112707-5118)("si Mati")] 1. ) Tan Yung Quan 2. ) See Hong Ngo @ Chee Kwan Fong 3. ) TAN JOO LENG 4. ) OOI YOONG YOO
- Citation
- PA-22NCvC-136-08/2018 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-22NCvC-136-08/2018 (Mahkamah Tinggi)
The court accepted unchallenged expert medical evidence that the deceased suffered moderate dementia and lacked capacity to understand and consent to the share transfer on 12.9.2014; the chronology and conduct of D1 and D2 established undue influence and bad faith in excluding the Plaintiff and procuring the transfer, rendering the transfer null and void; fraud was not established because the Plaintiff failed to call the material eyewitness (Cheah Ah Kim) and an adverse inference was drawn; D3 and D4 had only ministerial roles and claims against them were dismissed.