Court Cases
In order
to protect the interest of Haji Yusoff's beneficiaries, Hidayah's
extended family had to,
unfortunately, take legal actions against two family members in
the High Court of Singapore.
Originating Summons
No: 952/2005/W:
In the
matter of the trusts of the Will dated 26th day of January 2603 (1943)
of Hadjee Yousof Bin Hadjee Mohamed Noor, late of No. 73 Sultan Gate,
Singapore, deceased
And
In the matter of the Grant of Probate DCP No 569 of 1950
And
In the matter of an Order of Court dated 30th April 2002 in the
Originating Summons No 61/2002/K and in the Order of Court dated 5th
July 2002 in Originating Summons of No 60/2002/F
And
In the matter of Order 80 r2(3)(a) of the Rules of Court 1997
And
In the Matter of s.37, s.42(1), s.59 of the Trustees Act Cap 337
Between
Abdullah Bin
Joffri & Mohamed Idris Bin Mohamed Hanafiah
..... Plaintiffs
And
Zhulkeflee Bin Haji Ismail
..... Defendant
Order of Court
[before the Honourable Justice Andrew Pang] - dated 9 February 2006
1. The
audited accounts for the years ending 1995 to 1999 and un-audited
accounts for the year ending 2000 already furnished and the accounts for
the year ending 2001 (to be audited and prepared) of the estate of
Hadjee Yousof Bin Hadjee Mohamed Noor, deceased (the "Testator"), be
accepted provided that the Defendant whether with or without the
assistance of the accountants/auditors, shall furnish and answer all
reasonable queries raised by the Plaintiffs relating to the said
accounts (i.e. for the years ending 1995 to 2001) within 30 days of
receipt of same.
2. A
new certified public accountant to be nominated by the Plaintiffs and
agreed to by the Defendant shall be appointed jointly by the Plaintiffs
and the Defendant to audit the accounts to of the trusts/estate for the
years commencing 1 January 2002. In the event of the parties'
disagreement or dispute on the appointment of the new certified public
accountant, the Plaintiffs shall nominate 3 reputable firms of certified
public accountants and the Defendant shall select one there from, such
selection to be made within 2 weeks from the date of the Defendant's
receipt of the list of nominations made by the Plaintiffs.
3. Henceforth,
the solicitors for the trusts and/or estate shall be
both Mallal & Namazie and H.A Jalil & Associates.
4. All
other prayers of the Plaintiffs' said application be withdrawn save that
costs of both the Plaintiffs and Defendants on an indemnity basis shall
be provided for and be paid out from funds standing to the credit of the
estate of the Testator.
*Abdullah
is Hidayah's uncle while Idris and Zhulkeflee are her second cousins.
Zhulkeflee is a religious teacher who once
worked in Darul Arqam and PERGAS.
Originating Summons
No: 60 of 2002/F:
In the
matter of the trusts of the Will dated 26th day of January 2603 (1943)
of Hadjee Yousof Bin Hadjee Mohamed Noor, late of No. 73 Sultan Gate,
Singapore, deceased
And
In the matter of the Grant of Probate DCP No 569 of 1950
And
In the Matter of s.37, s.42(1), s.59 of the Trustees Act Cap 337
Between
Abdullah Bin
Joffri, Alwi Bin Jofrie & Jorah Bte Hadjee Yousoff
..... Plaintiffs
And
Zhulkeflee Bin Haji Ismail & Haji Ismail Bin Haji Yusoff ..... Defendants
Order of Court
[before the Honourable Justice Lee Sieu Kin]
1.
The
retirement of 2nd Defendant from the trusteeship and discharge of the
trusts...., be approved.
2. Abdullah
Bin Joffri and Mohamed Idris Bin Mohamed appointed as new trustees of
the said Will to act jointly with the 1st Defendant.
3. All
the movable and immovable properties subject to the trusts of the said
will....... shall henceforth vest in and be held by the new trustees and
the 1st Defendant as joint tenants upon the same trusts and with and
subject to the like powers and provisions in connection therewith.
4. The
costs of the Plaintiffs be fixed at $3500 whilst the costs of the
Defendants on an indemnity basis may be taxed if not agreed to between
the parties hereto. Costs of both parties to be paid from the funds
standing to the credit of the estate of the Testator.
[Order of Court]
~~~~~~~~~~~~~~~~~~~
Originating Summons
No: 61 of 2002/K:
In the
matter of the trusts of the Will dated 26th day of January 2603 (1943)
of Hadjee Yousof Bin Hadjee Mohamed Noor, late of No. 73 Sultan Gate,
Singapore, deceased
And
In the matter of the Grant of Probate DCP No 569 of 1950
And
In the matter of Order 80 r2(3)(a) of the Rules of Court
Between
Abdullah Bin
Joffri, Alwi Bin Jofrie & Jorah Bte Hadjee Yousoff
..... Plaintiffs
And
Zhulkeflee Bin Haji Ismail & Haji Ismail Bin Haji Yusoff ..... Defendants
Order of Court
[before the Honourable Justice Lee Sieu Kin]
1. The
1st Defendant does appoint Akber Ali & Co to audit the accounts of the
trusts of Haji Yusoff's Will. The cost of the audit to be paid from the
funds standing to the credit of the estate of the Testator.
2.
The
costs of the Plaintiffs be fixed at $1,200 to be paid forthwith by the
Defendants personally.
Re Haji Ali Bin Haji Mohamed Noor Deceased Habsah Binte Ngasirah (W) &
Anor - Plaintiffs. V. Mohamed Zain Bin Haji Ali & Ors. [1933] SSLR
25, Judge: Whitely J, Straits Settlement Supreme Court
Read about this interesting case in the upcoming
book!
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