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      All other prayers of the Plaintiffs' said application be withdrawn save that costs of both the Plaintiffs and Defendants on an indemnity basis shall be provided for and be paid out from funds standing to the credit of the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!