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HIGH COURT SABAH & SARAWAK KOTA KINABALU
DATUK (DATU) AMIR KAHAR TUN HAJI MUSTAPHA – Appellant
Versus
TUN MOHD SAID KERUAK (YANG DI-PERTUA NEGERI SABAH) & OR.... – Respondent
[1] This is the defendants' application by summons in chambers to strike out the plaintiff s originating summons praying for various declarations arising out of the resignation of Datuk Joseph Pairin Kitingan (Pairin) on 17 March 1994 as Chief Minister of Sabah and the appointments by the 1st defendant of the 2nd defendant as the new Chief Minister and the 3rd to the 9th defendants as members of the new Cabinet on the advice of the Chief Minister. The plaintiff challenges the appointment of this new Cabinet as being unconstitutional, ultra vires and invalid when he and the other members of Pairin's Cabinet had not tendered their resignation or that their appointments being revoked by the 1st defendant.
[2] The defendants' application is under O 18 r 19(1)(a), (b) and (d) of the Rules of the High 1980 (the RHC) and under the inherent jurisdiction of the Court. The application is supported by the affidavit of Wong Kian Kheong affirmed on 7 September 1994. The said affidavit merely refers to various affidavits in reply of the defendants filed as replies to the plaintiffs main application in the originating summons. Based on those affidavits in reply, th
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