Court rules cafe manager is son of prominent businessman, should inherit property

 The Court of Appeal says a birth certificate proves that Lim Poh Chuan is the biological son of Lim Kean Chie on the balance of probabilities.

The Court of Appeal overruled a prior decision by the High Court that the plaintiff, Lim Poh Chuan’s 2022 suit was filed outside the limitation period.

PUTRAJAYA:

 The Court of Appeal on Wednesday ruled that a cafe manager is biologically related to businessman Lim Kean Chie, the son of Lim Cheng Teik, a prominent industrialist and tycoon in Penang in the early 20th century.

Justice Choo Kah Sing, who led a three-member bench, said a valid birth certificate sufficiently proved that Lim Poh Chuan is the biological son of Kean Chie on the balance of probabilities.

“The authenticity of the birth certificate was not disproven, entitling the appellant to inherit (properties) under Section 6 of the Distribution Act 1958,” he said in partly allowing Poh Chuan’s appeal.

Choo, who sat with Justices Firuz Jaffril and Ong Chee Kuan, said Poh Chuan’s lineage is also established under Section 3 of the Births and Deaths Registration Act 1957, following the precedent set in the 2023 Federal Court ruling in Tan Kah Fatt v Tan Ying.

The appellate court also overruled the High Court’s decision that Poh Chuan’s 2022 suit was filed outside the limitation period.

A dispute concerning the inheritance rights and administration of Kean Chie’s estate arose between Poh Chuan, 52, and his half-brother, Poh Leong, 68, who claims he is the only child of Kean Chie.

Poh Leong had been administering the estate since 1990, after Kean Chie died intestate a year earlier.

The High Court dismissed Poh Chuan’s suit last year.

The bench also ordered that an account be taken of the intestate’s one-twelfth share under a trust created in 1950 by the settlor, Cheng Teik, who died in 1978.

It also granted a declaration that Poh Chuan is entitled to a one-third share of the residuary estate of his father, Kean Chie.

Poh Leong was also ordered to determine the residue of the estate within three months from the date of the Court of Appeal ruling and to pay Poh Chuan accordingly.

These orders are to take effect from the date of filing in the High Court.

Poh Chuan, represented by A G Kalidas, Wesley Wong and Jeeva Sharunee Devi, was also awarded RM50,000 in costs.

Kevin Wu and Radhia Syahira represented Poh Leong.

Poh Chuan said he is the biological son of Kean Chie and a grandson of Cheng Teik, who entered the oil and rice milling business and was once the youngest municipal commissioner in Penang.

Residuary interests arose from a trust created by Cheng Teik, which matured after the death of Kean Chie.

Poh Chuan and his mother, Ong Cha Bu @ Ong Guat Imm, were unaware of these interests or Kean Chie’s entitlement under the trust.

During his enquiries, he discovered that his half-brother, Poh Leong, had obtained Letters of Administration in 1990.

Poh Chuan commenced legal proceedings in 2022 after Poh Leong refused to cooperate and acknowledge him as the biological son of Kean Chie. - FMT