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COURT OF APPEAL PUTRAJAYA
MARZAIDI MOHAMMAD & ANOR – Appellant
Versus
MOHAMED AFFENDI KHAIRUDDIN AND ANOTHER APPEAL – Respondent
| Table of Content |
|---|
| 1. background of the deceased and her heirs (Para 1 , 2 , 3 , 4 , 5) |
| 2. faraid order and legal action intentions (Para 6 , 7 , 8) |
| 3. procedural errors in initiating civil suit (Para 9 , 10 , 11 , 12 , 14 , 15) |
| 4. defendant's denial and appeal process (Para 13 , 17 , 18 , 19) |
| 5. stakeholder agreement for distribution of settlement (Para 24 , 25 , 26 , 27) |
| 6. release agreement and claims acknowledgment (Para 28 , 29 , 30 , 31 , 32) |
| 7. suit 629 and claims for distribution of goodwill payment (Para 34 , 35 , 36 , 37 , 38) |
| 8. counterclaims and appeals against procedural decisions (Para 39 , 40 , 41 , 42) |
| 9. high court's jurisdiction over claims under faraid (Para 43 , 44 , 45 , 46 , 47) |
| 10. conclusion and ordering reliefs for plaintiffs (Para 91 , 92 , 93) |
A. INTRODUCTION
[1] The late Mastura binti Mustafa (the "Deceased") was one of the crew members of the ill-fated flight MH17, operated by Malaysia Airlines System Berhad ("Malaysia Airlines"), which crashed near Hrabove in Donetsk Oblast, Ukraine on 17 July 2014.
[2] Flight MH17 was a scheduled passenger flight from Amsterdam Schiphol International Airport, Netherlands, to Kuala Lumpur International Ai
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