[1] This is an appeal by the appellants/defendants against the decision of the learned High Court Judge dismissing the appellants' application to strike out the whole of the respondents' Originating Summons (OS) dated 6 June 2011 under O 18 r 19(1)(d) of the Rules of the High 1980 (RHC), on the ground that the said application was an abuse of the process of the Court.

Factual Background

[2] On 26 February 2011 officers from the 2nd appellant, Majlis Perbandaran Kota Bharu, Bandaraya Islam, raided the bookshops of the 1st and 2nd respondents in Kota Bharu and seized "Big Sweep" sweepstake lottery tickets from each of the 1st and 2nd respondents' bookshops and later they were compounded for the offence of "trading without a MPKB-BRI Licence (Big Sweep)" under the Trade, Business and Industry (Municipal Council of Kota Bharu) Bye-laws 1989.

[3] The "Big Sweep" tickets affected by the said raid are sweepstakes made lawful and permitted under the Racing Club (Public Sweepstakes) Act 1965 (federal law). In carrying out the raid, the appellants relied on the authority of their general powers pursuant to s 9 and also s 102 of the Local Government Act 1976 to issue any orders and/or policies