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) MOHAMED AFFENDI BIN KHAIRUDDIN

The Court of Appeal held that (1) the plaintiffs did not relinquish their statutory rights by the 17.08.2015 solicitor's reply and were not estopped from pursuing their contractual and declaratory claims; (2) the Stakeholder and Release Agreements created enforceable obligations to distribute the goodwill payment among all releasors and to rightful heirs; (3) the civil courts had jurisdiction to order distribution of the settlement monies in accordance with a Syariah Faraid Order where the relief sought was distribution of funds held by stakeholders and not issuance of a Faraid Order; and (4) procedural irregularities in the writ did not render Suit 629 a nullity where no incurable...

Citation
W-02(NCvC)(W)-1092-07/2023 (Mahkamah Rayuan)
Parties
Appellant/ Plaintiff (guardian/next Friend): Marzaidi bin Mohammad; Appellant/ Plaintiff (litigation Representative): Thaib bin Mustafa; Respondent/ Defendant: Mohamed Affendi bin Khairuddin
Court
NCvC
Jurisdiction
Malaysia
Judgment Date
26 February 2025
Case Number
W-02(NCvC)(W)-1092-07/2023 (Mahkamah Rayuan)
Procedural Posture
Civil Appeal (court of Appeal) / Judgment on Appeals From High Court Decision in Civil Suit No. WA 22 Ncv C 629 08/2019
Outcome
Plaintiffs' appeal allowed in full; Defendant's appeal dismissed; High Court decision set aside
Legal Topics
Release and Settlement Agreements, Stakeholder Agreement, Distribution of Settlement Funds, Statutory Right Under Civil Law Act 1956 S7, Estoppel and Waiver, Jurisdiction of Civil Courts Vs Syariah Courts, Limitation, Procedural Defects in Writs
Source Language
Malay/English
Civil Procedure Contract Law Inheritance Law (faraid) Tort/ Wrongful Death Aviation/ International Conventions Release and Settlement Agreements Stakeholder Agreement Distribution of Settlement Funds +5 more

Case Brief

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Parties

Marzaidi bin Mohammad

Appellant/ Plaintiff (guardian/next Friend)

Thaib bin Mustafa

Appellant/ Plaintiff (litigation Representative)

Mohamed Affendi bin Khairuddin

Respondent/ Defendant

Procedural Posture

Civil Appeal (court of Appeal) / Judgment on Appeals From High Court Decision in Civil Suit No. WA 22 Ncv C 629 08/2019

Legal Issues

  1. 1 Whether the plaintiffs relinquished rights to sue Malaysia Airlines by a solicitor's reply dated 17.08.2015
  2. 2 Whether plaintiffs were estopped from claiming portion of the goodwill payment under the Release Agreement and Stakeholder Agreement
  3. 3 Whether civil courts have jurisdiction to order distribution of settlement funds according to a Syariah Faraid Order

Ratio Decidendi

The Court of Appeal held that (1) the plaintiffs did not relinquish their statutory rights by the 17.08.2015 solicitor's reply and were not estopped from pursuing their contractual and declaratory claims; (2) the Stakeholder and Release Agreements created enforceable obligations to distribute the goodwill payment among all releasors and to rightful heirs; (3) the civil courts had jurisdiction to order distribution of the settlement monies in accordance with a Syariah Faraid Order where the relief sought was distribution of funds held by stakeholders and not issuance of a Faraid Order; and (4) procedural irregularities in the writ did not render Suit 629 a nullity where no incurable...

Court Disposition

Plaintiffs' appeal allowed in full; Defendant's appeal dismissed; High Court decision set aside

Orders

  • High Court decision dated 26.06.2023 set aside
  • Declaration granted that Child and Mustafa are entitled to the RM600,000 balance of the goodwill payment and distribution to be in accordance with the Faraid Order dated 25.02.2015