24 Aug 2021
KHAIRUDDIN BIN ABU HASSAN [NO. K/P: 620204-07-5141] 1. ) TAN SRI DATO’ HJ. MAHIADDIN BIN MD. YASSIN 2. ) KERAJAAN MALAYSIA
- Citation
- WA-24-3-01-2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- WA-24-3-01-2021 (Mahkamah Tinggi)
The originating summons was struck out because the plaintiff's case was premised on an unproven factual assumption (that the Prime Minister had lost majority support) which the proceeding did not seek to determine, and because Article 150(8) FC ousts court jurisdiction to question the validity or continued operation of an Emergency proclamation; consequently the claim was frivolous, vexatious and an abuse of process and the strike out application was allowed.