Ruling on Musa's suit Oct 25
KOTA KINABALU: The High Court here has been brought forward by a day to October 25, instead of October 26, its ruling on Sungai Sibuga assemblyman Tan Sri Musa Aman’s civil suit in challenging the legitimacy of Parti Warisan Sabah president Datuk Seri Mohd Shafie Apdal’s appointment as Sabah Chief Minister.
On August 24, Kuching-based High Court Judge Datuk Yew Jen Kie, in fixing October 26 for the decision on Musa’s originating summons (OS) after dismissing Shafie’s application to strike out the OS, ruled that Musa had raised question of law in his OS.
However, it went viral on social media yesterday stating that the decision on the OS had been rescheduled earlier.
In a phone call to Shafie’s counsel Senator Datuk Douglas Lind in the afternoon, he clarified that it was true that the decision date had been set one day earlier than its scheduled date.
He also said the letter shifting the date was served to him last week but no reason was stated.
On June 28, Shafie filed an application to strike out Musa’s OS through Messrs Lind Willie Wong.
In the application, Shafie applied for Musa’s OS against him to be dismissed on the grounds that the OS allegedly disclosed no reasonable cause of action, scandalous, frivolous, vexatious and was an abuse of process of the Court.
Musa, 67, had filed the OS on June 6 via e-filling through Messrs F. T. Ahmad & Co, naming the Head of State (TYT) and Shafie as the first and second defendants, respectively.
In his OS, Musa sought declarations that:
a) he is and remains the lawful Chief Minister (CM) of Sabah,
b) there was no revocation, removal or dismissal of his appointment as CM,
c) TYT’s act or acts subsequent to his appointment as CM with respect to the appointment of Shafie as CM are allegedly ultra vires the State Constitution, null and void and of no effect,
d) TYT allegedly acted unconstitutionally in appointing Shafie’s state cabinet,
e) TYT alleged failure, neglect and/or refusal of appointing his six nominated assemblymen as advised by him, was contrary to the State Constitution
f) all acts and things done by Shafie and his cabinet after Shafie’s appointment as CM are allegedly null, void and of no effect.
Apart from that, Musa is also seeking:
g) damages against TYT and Shafie to be assessed,
h) discretionary interests of five percent p.a. persuant to Section 11 of the Civil Law Act 1956 on the judgement sum from the filing of the summons until the date of judgement and statutory interests of five percent p.a from the date of judgment until the date of full realization
i) costs and such further or other reliefs that the court deems fit and proper to grant.
On July 10, the same court ordered Musa to pay RM5,000 in cost for discontinuing his writ of summons against Shafie as he had filed a new action seeking the same by way of OS.
Musa, who withdrew his writ against Shafie on June 6, filed his OS on the same day through the same legal firm.
The writ, which was filed by Musa on May 17, sought among other things a declaration that he is the rightful Sabah Chief Minister. He named the Head of State and Shafie as the first and second defendants respectively.
Meanwhile, the court also fixed the same date to deliver its decision on an OS by Datuk Jahid Jahim, who is Tamparuli assemblyman, who sought a declaration that Musa is the lawful Sabah Chief Minister.
Jahid @ Noordin, who was one of the cabinet ministers in the first sworn-in Sabah cabinet under Musa, named Shafie, who is Semporna MP, the Speaker Datuk Seri Syed Abas Syed Ali and Sabah State Assembly secretary Datuk Bernard Dalinting, as the first, second and third defendants respectively. Shafie’s striking out application on Jahid’s OS was also dismissed on August 24.