26 Feb 2025
1. ) MARZAIDI BIN MOHAMMAD 2. ) Thaib Bin Mustafa (Membawa Tindakan Sebagai Wakil Litigasi Kepada Mustafa Bin Ab Samad (Si Mati) MOHAMED AFFENDI BIN KHAIRUDDIN
- Citation
- W-02(NCvC)(W)-1092-07/2023 (Mahkamah Rayuan)
- Court
- NCvC
- Case number
- W-02(NCvC)(W)-1092-07/2023 (Mahkamah Rayuan)
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)…