Court of Ap­peal dis­misses Tereng­ganu roy­alty’s bid

New Straits Times - - News / Nation -

PU­TRA­JAYA: Tereng­ganu roy­alty Tengku Su­laiman Tengku Ab­dul Halim yes­ter­day lost in his bid to claim his right to the throne as the Sul­tan of Tereng­ganu.

This was fol­low­ing the de­ci­sion of a three-man Court of Ap­peal bench, led by judge Datuk Abang Iskan­dar Abang Hashim, which dis­missed Tengku Su­laiman’s ap­peal.

In its unan­i­mous de­ci­sion, the court was of the view that the mat­ter had been ad­ju­di­cated and there­fore may not be pur­sued fur­ther.

“We are of a unan­i­mous view that this ap­peal is dis­missed. We agree with the re­spon­dent’s sub­mis­sions on the is­sue of res ju­di­cata and jus­ti­cia­bil­ity. We af­firm the High Court’s de­ci­sion,” Abang Iskan­dar said.

Res ju­di­cata means a mat­ter has been ad­ju­di­cated by a com­pe­tent court and may not be pur­sued fur­ther by the same par­ties.

Tengku Su­laiman, 60, who claimed that he was the di­rect de­scen­dant of Tengku Ali AlMarhum Sul­tan Su­laiman, was ap­peal­ing against the Kuala Tereng­ganu High Court, which struck out his claim on Dec 21 last year.

In his state­ment of claim, he said Tengku Ali, who was his grand­fa­ther, was in­stalled as the Sul­tan of Tereng­ganu fol­low­ing the death of Tengku Ali’s father, Al-Marhum Sul­tan Su­laiman Badrul Alam Shah Al-Marhum Sul­tan Zainal Abidin III.

How­ever, af­ter Tengku Ali was de­posed on Nov 5, 1945, by the Je­maah Pangkuan Negeri Tereng­ganu, now known as De­wan Pangkuan Di­raja Tereng­ganu (the ap­point­ing au­thor­ity), his un­cle, Al-Marhum Tengku Is­mail Nasirud­din Shah AlMarhum Sul­tan Zainal Abidin III, was ap­pointed Sul­tan of Tereng­ganu.

Tengku Su­laiman claimed that at that time, Tengku Ali had an 11year-old son named Tengku Ab­dul Halim (Tengku Su­laiman’s father), who was sup­posed to re­place Tengku Ali as the Sul­tan of Tereng­ganu.

He filed the suit on May 3 last year at the Kuala Tereng­ganu High Court and had sought a dec­la­ra­tion that he was en­ti­tled to the throne as the right­ful Sul­tan of Tereng­ganu.

The suit was dis­missed.

Lawyer T. Mura Raju rep­re­sented Tengku Su­laiman while Tan Sri Ce­cil Abra­ham acted for Yang di-Per­tuan Muda Tereng­ganu Tengku Muham­mad Is­mail Ibni Al-Wathiqu Bil­lah Sul­tan Mizan Zainal Abidin; Isa @ Ghaz­ali En­dut; Tengku Ibrahim Tengku Hus­sain; Syed Omar Ab­dul Kadir Al-Idrus; and Shaikh Harun Shaikh Is­mail, who were mem­bers of the ap­point­ing au­thor­ity at that time, and the Tereng­ganu gov­ern­ment, all named as re­spon­dents.

FILE PIC

Tengku Su­laiman Tengku Ab­dul Halim (cen­tre) with his un­cle Syed Abd Aziz Syed Hamzah (left) and lawyer T. Mura Raju at the Kuala Tereng­ganu High Court last year.

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