SELVASEHARAN A/L S PONNIAH PENCELAH 1. ) GOWRIMANOHARI A/P S. PONNIAH 2. ) CHANDRAGUPTA GAMINI KANNANGARA
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ABSTRACT The Applicant obtained an ex parte order terminating co-proprietorship without joining personal representatives of two deceased co-owners. Held: Intervention allowed and ex parte order set aside. The administrator's legal rights over the deceased's one-third share were directly affected, satisfying the Pegang Mining test for intervention. The ex parte order was fundamentally flawed: (1) sections 145 and 343(1)(c) National Land Code 1965 require personal representatives of deceased co-proprietors to be joined as proper parties; (2) material non-disclosure occurred when the Applicant concealed the administrator's prior written notice asserting the estate's interest; and (3) natural justice was breached by denying affected parties notice and opportunity to be heard without justification. Unilateral termination of co-proprietorship rights without notice to all current legal owners violates procedural fairness. ________________________________________ KEYWORDS Co-proprietorship termination; Intervention; Ex parte orders; National Land Code 1965; Personal representatives; Estate administration; Material non-disclosure; Natural justice
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Read on eJudgmentSource: eJudgment (wa-24ncvc-4304-11-2024)