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2019 MarsdenLR 1208

HIGH COURT MALAYA JOHOR BAHRU
JAMILAH HJ ALI & ANOR – Appellant
Versus
BANK SIMPANAN NASIONAL & ANOR – Respondent


Petitioner Advocates:Ibrahim Haikal Razak ,Respondent Advocate: Nurul Asyiqin Azman

See Mee Chun J:

Introduction

[1] Rubi bte Hazim (deceased) had purchased a house in Pasir Gudang (property) where the property financing and Mortgage Reducing Term Takaful (MRTT) policy was provided by the 1st Defendant. The 2nd Defendant issued the takaful certificate No 40020004 (F/5-6) to the deceased under master certificate No MT006 (F/7-18) where the 1st Defendant is named as the master policyholder.

[2] The Plaintiffs claim is essentially against the 2nd Defendant for death benefits under the takaful certificate issued to the deceased.

[3] The deceased passed away on 26 January 2013 with the cause of death being diabetes (F/19).

Locus

[3] The Plaintiffs claim is in their capacity as owners of the property. The 1st Plaintiff is the mother, and the 2nd Plaintiff the sister, of the deceased. Although the locus of the Plaintiffs to initiate the suit was disputed, it is the Court's findng they have the locus being the owners of the property pursuant to the distribution order dated 16 June 2016 (C/tab M).

Witnesses

[4] The witnesses for the Plaintiffs were Chomil bte Hazim (PW1 and witness statement marked as WSP1) and Faridah bte Hazim (PW2 and witness statement marked as WSP2). The 1st

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