Zaleha Yusof FCJ:

Introduction

[1] My learned sister Rohana Yusuf PCA, my learned brother Azahar Mohamed CJM, my learned sisters Hasnah Mohammed Hashim FCJ and Mary Lim Thiam Suan FCJ have read this judgment and they have expressed their agreement on the conclusion and the reasons set out in this judgment. My learned brother Harmindar Singh Dhaliwal FCJ and my learned sister Nallini Pathmanathan FCJ agreed with the conclusion of this judgment but for different reasons.

[2] The appellant had filed an application under O 18 r 19(1)(a) or (b), (c) and/ or (d) of the Rules of 2012, to strike out the respondent's claim in a Writ of Summons and Statement of Claim filed on 17 July 2017 (the said action) at the High Court of Kuala Lumpur for alleged tort of defamation, on the ground that the respondent, being a political party, had no locus standi to file a defamation suit.

[3] The application was dismissed by the High Court with costs on 27 February 2018 and on appeal, the decision of the High Court was affirmed by the Court of Appeal on 11 July 2019.

[4] On 12 March 2020, this Court had granted the appellant leave to appeal on the following sole question of law:

"Whether a political p