Introduction

[1] This appeal filed by the Appellant Tan Sri Rozali bin Ismail is against the Sessions Court decision to strike out his two writs of summon under O 18 r 19 ROC 2012. I had dismissed the appeal on 10 January 2023.

[2] The Appellant had appealed to the Court of Appeal. These are my Grounds of Decision. Parties will be cited as they were cited at the Court below.

[3] This appeal deals with a short but important legal point.

[4] In essence, can a spouse in a divorce proceeding heard at the Kuala Lumpur Syariah Lower Court and concluded with an order of divorce subsequently file a suit in the civil Court against the Court appointed Hakam for malicious falsehoods, negligence and breach of statutory duty for statements made during the said Syariah divorce proceedings?

[5] These are the issues that come immediately to mind:

a) Is a Court appointed Hakam protected by judicial immunity?

b) Is this civil suit an abuse