JUDGMENT

Indera Mohd Arief Emran Arifin J:

(Enclosure 1)

A. Introduction

[1] The plaintiff seeks an order to declare that the notice issued by the defendant dated 25 June 2023 and 21 April 2023 concerning the policies bearing number T070020187 and T070020191 to be void and for an order to declare that the said policies to be reinstated.

[2] This Court finds that the said notices issued by the defendant were wrongly issued and were baseless. Therefore, the plaintiff has successfully shown that this is a suitable case for the orders sought and that the said policies should be reinstated.

B. Background Facts

[3] The plaintiff had agreed to participate in the Takaful protection scheme offered by the defendant sometime in March 2008 under the policies each bearing number T070020187 and T070020191.

[4] The material terms and conditions of both the policies are as follows:

(A) Basic Certificate

(4.1) MAA Takaful Berhad will pay upon surrender of this Certificate and subject to its provisions, The Death Benefit to the Beneficiary on the death of the person Covered prior to the Maturity / Expiry Date provided that due proof of such death is furnished in the form specified by the Takaful Operator.

Face Amount: RM500,000.00

Monthly Contribution: RM1,500.00

(4.2) This Contract is made in consideration of the payment as specified in the Certificate. This Certificate and the Application for it, constitute the entire contract. All statements in the Application shall, in the absence of fraud, be deemed representations and not warranties. No statement will be used by the Takaful Operator to void this Certificate or in defense to a claim under it unless it is contained in the Application.

(4.3) The Certificate shall be incontestable, except for non-payment of contribution, after it has been in force during the lifetime of the Person covered for two years from the Issue Date.

(4.4) All contributions are payable on or before their due date to the Takaful Operator either at the Head Office or at any of the branches of the Takaful Operator in exchange for an official receipt issued by the cashier.

(4.5) A Grace Period of 31 days from its due date will be allowed for payment of each contribution after the first, which period this Certificate will remain in force.

(4.6) This Certificate can remain in force even without payment of the contributions as long as the Participant Investment Account balance is sufficient to cover all Certificate fees and charges and costs of any Supplementary Contracts or Extended Benefits attached to the Basic Certificate. At the expiration of the above Grace Period, this Certificate will automatically continue, provided the Participant Investment Account Balance remains sufficient to cover all of the said fees, charges and costs. The certificate fees and charges, which continues to be applicable during the Contribution Pause, and the costs of any Supplementary Contracts or Extended Benefits attached to the Basic Certificate, will be paid when due by deducting sufficient number of units determined with reference to the Valuation Date immediately following the due date.

If the Participant Investment Account Balance of the Certificate is zero or a negative value after the expiration of the Grace Period or after deductions for Certificate fees and charges and the costs of any Supplementary Contracts or Extended Benefits, the Certificate shall be lapsed immediately.

(4.7) The Takaful Operator does hereby cover the person named as the Person covered on the certificate information page of the certificate, subject to all the provisions herein contained.

Shariah Approved Funds - Participant Investment Account

(4.8) The number of units to be allocated to the Participant Investment Account in respect of any contribution shall be determined by reference to the Unit Price on the valuation date immediately following the day the contributions are received and accepted at the Head Office or a branch office of the Takaful operator....

(4.9) Partial Withdrawa