KOTA KINABALU, Aug 24 — The High Court here has rejected an application by Sabah Chief Minister Datuk Seri Shafie Apdal to strike out his predecessor’s suit to be declared the rightful chief minister.
High Court judge Datuk Yew Jen Kie ruled that the case should be heard and ordered a full hearing for Tan Sri Musa Aman’s claim as the rightful chief minister.
“Upon perusal of the affidavits and submission of the parties, I am satisfied that the plaintiff has raised question of law which requires full consideration which render the OS unsuitable to be struck out summarily.
“As such, I dismissed the striking out application with cost in the cause,” she said in her written judgement.
The OS refers to the originating summons from former chief minister Musa who is seeking to declare Shafie’s swearing-in as chief minister unlawful.
The case today was brought forward from September 3 and heard via teleconference.
Musa’s lawyer Tengku Fuad Ahmad said that the case will now go on as a full hearing via submissions and verbal argument.
Speaking to reporters at the courthouse, Shafie’s lawyer Datuk Douglas Lind said that the case “should be given full consideration”.
He also said that the judge has given the plaintiff, Musa, until September 14 to file a submission, followed by September 28 for a reply from Shafie.
“They will reply to our submission on October 5 and the decision is to be made on October 26. So we will only know the outcome then,” said Lind.
On July 9, Yew had set September 3 to deliver her decision on the application by Shafie to strike out a lawsuit by Musa challenging Shafie’s appointment as CM.
Shafie filed the application on June 5 to strike out the suit on the grounds that Musa had no basis to challenge his (Shafie’s) appointment on May 12 as chief minister.
The following day, Musa filed a fresh suit against the Sabah Yang Di-Pertua Negeri and Shafie, in place of the suit filed on May 17, seeking a declaration that he (Musa) was the rightful chief minister of Sabah.
Musa, who had been missing from the country since May 16, returned on Tuesday via private jet and has been receiving medical treatment at a private hospital ever since.
He was arrested by police yesterday to give his statement on criminal intimidation allegations against the Sabah Yang Di-Pertua Negeri on the night of his swearing-in on May 10.