LOW PECK LIM v 1. ) LOW PECK SANG 2. ) LOW PECK CHUAN 3. ) LOW PECK GUAN 4. ) LOW SAY WAH 5. ) LOW SOH BENG

ba-24ncvc-2395-12-2023 High Court (Mahkamah Tinggi) 12 February 2025 • BA-24NCvC-2395-12/2023 • 14 min read

5 cases cited (0 SG, 5 foreign)

Catchwords

The distinctiveness of this case stems from the fact that the six siblings concerned are not fighting over their shares in their late parents’ estate. Their shares and entitlement are not in dispute. The overriding disagreement relates to the question of whether the estate in the form of a piece land jointly owned by the six siblings ought to be disposed of or that they should continue to hold the said land as co-proprietors. The Plaintiff has commenced this Originating Summons application seeking an order for the said land to be sold pursuant to section 145(2)(c) of the National Land Code and Order 31 of the Rules of Court 2012. Of the five Defendants, only three of the five Defendants are fervently contesting the application The Prevailing Issue The central issue in this Originating Summons is whether this is a proper case for this Court to exercise its discretion to terminate the co-proprietorship pursuant to section 145(2)(c) of the National Land Code and direct that the said land be sold pursuant to Order 31 of the Rules of Court 2012.

Judges (1)

Choong Yeow Choy Delivered

Counsel (4)

Jason Teoh & Partners Firm Savi Ganesan & Co. Firm Khong Siong Sie Counsel Defendant Savithiri a/p S Ganesan Counsel Defendant

Parties (6)

Low Peck Chuan Respondent Low Peck Guan Respondent Low Peck Lim Applicant Low Peck Sang Respondent Low Say Wah Respondent Low Soh Beng Respondent

Case Significance

LOW PECK LIM v 1. ) LOW PECK SANG 2. ) LOW PECK CHUAN 3. ) LOW PECK GUAN 4. )... is a High Court (Mahkamah Tinggi) decision dated February 12, 2025 (citation: ba-24ncvc-2395-12-2023). The case was decided by Choong Yeow Choy.

What was the outcome of LOW PECK LIM v 1. ) LOW PECK SANG 2. ) LOW PECK CHUAN 3. ) LOW PECK GUAN 4. )...?

LOW PECK LIM v 1. ) LOW PECK SANG 2. ) LOW PECK CHUAN 3. ) LOW PECK GUAN 4. )... is a High Court decision dated February 12, 2025. The case was heard by Choong Yeow Choy. See the full judgment for details.

Statutes Cited

Courts of Judicature Act 1964 (Cap 91)

National Land Code (Cap 828)

s 145(2)(c)

Rules of Court 2012

Cases Cited (5)

MY (5)

[2022] 5 MLJ 690 [2022] 7 CLJ 852 [2022] AMEJ 0844 [2024] AMEJ 0922 [2024] MLJU 966

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (ba-24ncvc-2395-12-2023)