Taro Imanaka (the plaintiff who is now the respondent in this action) filed an action against Ying Cheng Ang (the defendant who is now the appellant in this action) in the Sessions Court, Johor Bahru on 13 April 1994 (pp 3-20 of the record of appeal). It is an action relating to alleged libel committed by the appellant towards the respondent.

The appellant by way of an amended originating application applied for the following:

(1) that Summons No 53-179-94-2 and the statement of claim filed by the

respondent against the appellant are invalid and be struck out;

(2) that costs of the application be taxed and/or unless agreed, be paid

by the respondent to the appellant.

The grounds are set out in the affidavit of the appellant himself (p 31 of the record). They are:

(1) The alleged libel as stated in para 3 of the statement of claim

of the plaintiff was committed outside Malaysia as it was

addressed to one T Nagai, a citizen of Japan who resided in Japan

at the material time;

(2) At the material time the appellant was residing in Singapore and

if there was libel, the alleged libel was committed