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HIGH COURT MALAYA KUALA LUMPUR
SITI ZAINAB MOHD ISMAIL – Appellant
Versus
HERBALIFE PRODUCTS MALAYSIA BHD – Respondent
| Table of Content |
|---|
| 1. spousal claims on membership require proper documentation. (Para 1 , 3 , 4 , 5) |
| 2. final ruling emphasizes compliance with membership rules. (Para 2) |
| 3. rules govern membership transfer and compliance is required. (Para 10 , 11 , 12) |
| 4. constructive trust requires clear legal basis and evidence. (Para 14 , 15 , 18) |
| 5. legal pleadings must specify claims adequately. (Para 20 , 21 , 22) |
Introduction
[1] In this originating summons, the plaintiff applied for a declaration that as the spouse of the deceased, the plaintiff has a right and interest in the membership of the deceased in Herbalife Nutrition Malaysia ("Herbalife Malaysia"). In consequence, the plaintiff sought for the membership of her deceased husband in Herbalife Malaysia to be transferred to her.
[2] After perusing the application and the affidavits filed for and against the application and considering the submissions of both learned counsel, I dismissed the application with RM5,000.00 cost.
Brief Background Facts
[3] The late Idros bin Abdul Hamid was the husband of the plaintiff. He passed away on 11 January 2022, leaving the plaintiff and a son. During his lifetime, the deceased wa
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