MOHAMED AFFENDI BIN KHAIRUDDIN 1. ) MARZAIDI BIN MOHAMMAD 2. ) Thaib Bin Mustafa (Membawa Tindakan Sebagai Wakil Litigasi Kepada Mustafa Bin Ab Samad (Si Mati)

MOHAMED AFFENDI BIN KHAIRUDDIN 1. ) MARZAIDI BIN MOHAMMAD 2. ) Thaib Bin Mustafa (Membawa Tindakan Sebagai Wakil Litigasi Kepada Mustafa Bin Ab Samad (Si Mati)

The Court of Appeal held plaintiffs did not relinquish their rights and were not estopped from claiming the stakeholder balance; the Stakeholder Agreement and Release Agreement, together with the Negeri Sembilan Faraid Order, entitled plaintiffs to a declaration that RM600,000 held by stakeholders be distributed according to the Faraid proportions; procedural defects in the amended writ and arguments on capacity were curable or negated by the Stakeholder Agreement and applicable orders permitting litigation representatives; High Court dismissal was set aside and declarations granted with orders for release of funds and costs.

Citation
W-02(NCvC)(W)-1122-07/2023 (Mahkamah Rayuan)
Parties
Plaintiff Appellant (guardian/next Friend and Litigation Representative for Muhammad Muhriz Bin Marzaidi): Marzaidi bin Mohammad; Plaintiff Appellant (litigation Representative for Mustafa Bin Ab Samad): Thaib bin Mustafa; Defendant Appellant/respondent: Mohamed Affendi bin Khairuddin
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
26 February 2025
Case Number
W-02(NCvC)(W)-1122-07/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Consolidated Appeals From High Court Decision in Suit WA 22 Ncv C 629 08/2019
Outcome
Plaintiffs' appeal allowed; defendant's appeal dismissed; High Court decision dated 26.06.2023 set aside in part and declarations granted to plaintiffs
Legal Topics
Faraid Distribution, Release Agreement, Stakeholder Agreement, Estoppel, Limitation, Jurisdiction of Civil Courts Vs Syariah, Specific Relief Act Declaratory Relief, Civil Law Act Wrongful Death, Rules of Court Procedural Compliance
Source Language
Malay/English
Civil Procedure Succession and Estates Contract Tort Aviation Law Faraid Distribution Release Agreement Stakeholder Agreement +6 more

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Parties

Marzaidi bin Mohammad

Plaintiff Appellant (guardian/next Friend and Litigation Representative for Muhammad Muhriz Bin Marzaidi)

Thaib bin Mustafa

Plaintiff Appellant (litigation Representative for Mustafa Bin Ab Samad)

Mohamed Affendi bin Khairuddin

Defendant Appellant/respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Consolidated Appeals From High Court Decision in Suit WA 22 Ncv C 629 08/2019

Legal Issues

  1. 1 Whether plaintiffs relinquished rights to sue Malaysia Airlines by earlier correspondence and are estopped from claiming settlement monies
  2. 2 Whether plaintiffs relinquished rights to the Goodwill Payment made under the Release Agreement and are estopped from bringing Suit 629
  3. 3 Whether civil courts have jurisdiction to order distribution of settlement monies in accordance with a Syariah Faraid Order

Ratio Decidendi

The Court of Appeal held plaintiffs did not relinquish their rights and were not estopped from claiming the stakeholder balance; the Stakeholder Agreement and Release Agreement, together with the Negeri Sembilan Faraid Order, entitled plaintiffs to a declaration that RM600,000 held by stakeholders be distributed according to the Faraid proportions; procedural defects in the amended writ and arguments on capacity were curable or negated by the Stakeholder Agreement and applicable orders permitting litigation representatives; High Court dismissal was set aside and declarations granted with orders for release of funds and costs.

Court Disposition

Plaintiffs' appeal allowed; defendant's appeal dismissed; High Court decision dated 26.06.2023 set aside in part and declarations granted to plaintiffs

Orders

  • High Court decision dated 26.06.2023 set aside
  • Declarations in paragraph 23(a),(b) and (c) of amended statement of claim granted in favour of plaintiffs