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1986 MarsdenLR 26

HIGH COURT SABAH & SARAWAK KOTA KINABALU
TUN DATU HAJI MUSTAPHA DATU HARUN – Appellant
Versus
TUN DATUK HAJI MOHAMED ADNAN ROBERT YANG DI-PERTUA NEGERI SABA.... – Respondent


JUDGMENT

Tan Chiaw Thong J:

[1] (read by Mrs Agnes Wong Kiew Ling, Registrar): In this action, the plaintiff claims the following reliefs against the defendants:

(a) a declaration that the first defendant's revocation of the plaintiff's appointment as Chief Minister on April 22, 1985 is ultra vires the Constitution, null and void and of no effect;

(b) a declaration that plaintiff is the Chief Minister of the State of Sabah;

(c) a declaration that the first defendant's act in appointing the second defendant as the Chief Minister of Sabah on April 22, 1985 is ultra vires the Constitution, null and void and of no effect;

(d) an injunction to restrain the second defendant from exercising the powers of and/or acting as the Chief Minister of the State of Sabah;

(e) a declaration that the act of the first defendant in appointing the State Cabinet is ultra vires the Constitution, null and void and of no effect;

(f) a declaration that the act of the first defendant in appointing the nominated members of the Assembly is ultra vires the Constitution, null and void and of no effect;

(g) a declaration that all acts and things done by the second defendant in his pretended exercise of his powers as Chief

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