Appeal bid over Terengganu throne succession rejected

PUTRAJAYA: The Federal Court yesterday dismissed an application by the first grandson of Tengku Ali Ibni Al-Marhum Sultan Sulaiman for leave to appeal against a High Court decision which struck out the suit seeking a declaration that he was the rightful heir to the Terengganu throne.

Tengku Sulaiman Tengku Abdul Halim, 60, had applied for the leave in an attempt to reinstate the lawsuit, which was struck out by the High Court on Dec 21 last year.

A three-member panel chaired by Chief Justice Tun Md Raus Sharif held that the law relating to succession was well established and the issue was also not justiciable.

He also said from the facts of the case, the principle of res judicata (a matter that has been adjudicated by a court and cannot be relitigated) applied in this case.

Justice Raus ordered Tengku Sulaiman to pay costs of RM15,000 to 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 are the members of the Dewan Pangkuan Diraja Terengganu, and another RM15,000 in costs to the Terengganu state government.

The other judges on the panel were Federal Court judges Tan Sri Hasan Lah and Tan Sri Ramly Ali.

Tengku Sulaiman had appealed against the High Court's decision at the Court of Appeal, which on July 31 this year dismissed the appeal and upheld the decision made by the High Court on Dec 12 last year.

In his statement of claim, Tengku Sulaiman said on Sept 26, 1942, Tengku Ali was installed as the Sultan of Terengganu following the death of his father, Al-Marhum Sultan Sulaiman Badrul Alam Shah Ibni Al-Marhum Sultan Zainal Abidin III.

He said Tengku Ali was subsequently removed from the throne on Nov 5, 1945 by the Jemaah Pangkuan Negeri Terengganu (now known as Dewan Pangkuan Diraja Terengganu) and Tengku Ali's uncle, Tengku Ismail Nasiruddin Shah Ibni Al-Marhum Sultan Zainal Abidin III, was appointed as Sultan of Terengganu.

According to the statement of claim, Tengku Ali's eldest son, Tengku Abdul Halim Tengku Ali, who was then 11-years-old, was supposed to replace his father as Sultan of Terengganu.

Tengku Sulaiman claimed that being the eldest grandson of Tengku Ali, he had the right to the Terengganu throne.

In yesterday's proceedings, Tengku Sulaiman's lawyer, T Mura Raju, sought leave to appeal on 14 questions of law for determination by the Federal Court.

Lawyer Tan Sri Cecil Abraham, representing the respondents, however submitted that the law on the issue of succession was settled as the issue had already been decided by the court in a previous suit brought by Tengku Ali. - Bernama