16 Mar 2023
SAERAH BINTI DOLLAH 1. ) TAN SRI RAZARUDIN BIN HUSAIN 2. ) DATIN ZAINAH BINTI OTHMAN 3. ) MASLINAH BINTI MAT SAID
- Citation
- AA-B53F-12-07/2022 (Mahkamah Sesyen)
- Court
- Sessions Court
- Case number
- AA-B53F-12-07/2022 (Mahkamah Sesyen)
The strike out application was allowed because (1) the prayers for promotion and reinstatement are non-justiciable as promotion decisions fall within the statutory promotion board scheme and final appeal avenues (Act 604 and Regulations); (2) the claim to be reinstated as treasurer of PERKEP is premature and required exhaustion of internal remedies under the Societies Act; (3) the defamation cause of action was defectively pleaded for failing to set out the exact impugned words; and (4) failure to join the Government of Malaysia as the proper employer was fatal—therefore the statement of clai…