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2007 MarsdenLR 2594

FEDERAL COURT PUTRAJAYA
LATIFAH MAT ZIN – Appellant
Versus
ROSMAWATI SHARIBUN & ANOR – Respondent


Petitioner Advocates:Malik Imtiaz Sarwar,Arthur Wang Ming Way,Amelly Kok ,Respondent Advocate: Pawancheek Marican,Suzilawati Ismail

JUDGMENT

Abdul Hamid Mohamad FCJ:

[1] The facts of this case have been meticulously narrated by Abdul Aziz Mohamad JCA (as he then was) in the judgment of the Court of Appeal - see [2006] 1 MLRA 685, [2006] 4 MLJ 705. I shall not repeat except to mention briefly what is relevant to the issue to be decided by this Court.

[2] Following the death of Dato' Sharibun bin Wahab ("the deceased"), Rosmawati, the first respondent in the instant appeal, a daughter of the deceased with his second wife (Puan Buruk) filed a petition for letters of administration of the deceased's estate. Later, Roslinawati, another daughter of Puan Buruk was made a joint petitioner Latifah, the third wife of the deceased, the appellant herein, and her two children were also included in the list of beneficiaries. Subsequently, the appellant entered a caveat in the deceased's estate.

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[3] A dispute arose over the moneys in joint accounts. The first is the joint current account of the deceased with the appellant (Latifah), the Bumiputra Commerce Bank (BCB) joint account. The second is the Standard Charted Bank (SCB) joint account of the deceased with the appelant (Latifah). (This joint account was converted from the e

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