Kapitan Cina estate: Court impeaches ruling based on false proof

Kapitan Cina estate: Court impeaches ruling based on false proof

Published: Jul 9, 2024 6:17 PM


Fraudulent evidence involving the tombstone of a wife of the fourth Kapitan Cina of Kuala Lumpur has led to the reversal of an initial court ruling allowing a claimant to have a share in the multi-million ringgit estate.

Over a month ago, the Kuala Lumpur High Court allowed Allan Yap’s application to impeach the civil court’s previous judgment that allowed another claimant, YCS, for a share in the control of the estate of Sam Poh San @ Shum Poh Sum.

Malaysiakini is withholding YCS’ identity pending a response from him and his lawyers from Messrs S Mathews & Associates over the legal dispute involving Sam’s three-quarters share in a landed property in Hulu Langat, Selangor.

Allan’s counsel T Sudhar confirmed with Malaysiakini that judge Hayatul Akmal Abdul Aziz made the impeachment ruling on May 29 and that YCS has not lodged any appeal within the required 30 days of the verdict.

Three years earlier, the civil court allowed a suit by YCS’ father, YNS, to amend the letters of administration granted to Allan and to allow the former to have a share in the property of Sam, one of the wives of the late Yap Ah Shak.

Ah Shak succeeded the late Yap Ah Loy in 1885 until his death in 1889.

For the initial court victory in 2017, YNS (who passed away two years later) relied on two pieces of alleged evidence to prove lineage to Sam - one being her tombstone at Kwong Tung Cemetery, Kuala Lumpur, and historical records from the Kwang Tung Cemetery Association.

The tombstone allegedly showed the names of Yoke Chong and YCS’ grandfathers as the two sons of Sam, who passed away on June 13, 1951.


Fraud proven in court

However, Hayatul ruled that the previous court judgment must be impeached as the court was misled by fabricated evidence, including the tombstone.

The judge said that Allan succeeded on a balance of probabilities to prove the fraud perpetrated by YNS and that YCS failed to provide compelling or persuasive rebuttal evidence.

She said that the false or fictitious evidence involving the fabricated tombstone among others was what led to the 2017 initial court verdict, which now has been impeached and set aside.

Hayatul ordered the removal of YCS’ name from Sam’s grant letters of administration and for YCS to surrender to Allan all of Sam’s materials and assets within 14 days from May 29.