26 Feb 2025
MOHAMED AFFENDI BIN KHAIRUDDIN 1. ) MARZAIDI BIN MOHAMMAD 2. ) Thaib Bin Mustafa (Membawa Tindakan Sebagai Wakil Litigasi Kepada Mustafa Bin Ab Samad (Si Mati)
- Citation
- W-02(NCvC)(W)-1122-07/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-1122-07/2023 (Mahkamah Rayuan)
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 orde…