JUDGMENT

Faizah Jamaludin J:

Introduction

[1] This case concerns the territorial jurisdiction of the two High Courts in Malaysia - the High Court of Malaya and the High Court of Sabah and Sarawak.

[2] The issue for determination before this Court is whether the High Court of Malaya is seized with the jurisdiction to hear the plaintiff's originating summons ("OS") in encl 1 and its application for interim injunction in encl 2 filed in this Court.

[3] The plaintiff says yes. But the first and second defendants say no. They applied in this encl 13 to strike out the plaintiff's OS and its notice of application for an interim injunction under O 18 r 19(1)(a), (b) and (d) of the Rules of 2012. They contend that the jurisdiction to hear the application is with the High Court of Sabah and Sarawak at Kuching and not with the High Court of Malaya at Shah Alam, and that the plaintiff's action against them is an abuse of the process of Court.

[4] Based on the applicable law and the factual matrix of this case, this Court agrees with the first and second defendants that the High Court of Malaya does not have the jurisdiction to hear the plaintiff's OS and application in encl 2, and that the jurisdic