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2007 MarsdenLR 2965 ; 2007 MarsdenLR 1

AZAHAR MOHAMED
BP MALAYSIA SDN BHD – Appellant
Versus
ZABEDAH MOHAMED – Respondent


Advocates:
For the plaintiff - En Vinayaga; M/s Skrine
For the defendant - Pn Vijayaletchumi; M/s Vijaya Gopal & Assoc

JUDGMENT

Azahar Mohamed J:

[1] By way of a summons-in-chambers (encl. 39) dated 28 May 2006, and supported by an affidavit affirmed on 26 May 2006, the 1st and 2nd defendants sought, inter alia, for the following orders:

1. That the plaintiff's statement of claim be struck out under O. 18 r. 19 of the Rules of the High Court 1980 (the RHC) and/or under the inherent jurisdiction of the court on the following grounds:

(i) it discloses no reasonable cause of action against the defendants;

(ii) it is frivolous and vexatious;

(iii) it is an abuse of the process of the court;

2. This Honourable Court to determine the point of law ie, whether or not this Honorable Court has original jurisdiction to entertain the plaintiff's suit against the 1st and 2nd defendants, as the plaintiff was an aggrieved body by the decision and cancellation of the Lease dated 17 May 1996 vide Presentation No. 517 of 1996 Jilid 1 Folio 95 in question by the Land Administrator, Land Office, Johor Bahru, Johor, under the provisions of s. 313 of the National Land Code 1965 (the NLC).

3. All further proceedings in this action against the 1st and 2nd defendants are stayed pursuant to s. 6 of the Arbitration Act 1952.

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