Suffian LP (dissenting):

This dispute concerns the succession to the 14th Undang (Ruling Chief) of the luak (territory) of Jelebu in the State of Negri Sembilan, and the answers to the issues that arise in this appeal turn on the construction of certain provisions in the Federal Constitution and in the State Constitution.

Preliminary

On 20 November 1979, when the 14th Undang died, it was necessary that his successor be, in the words of Clause (1) of art. XIV of the State Constitution, a person "lawfully elected in accordance with the custom of [his luak]". Until then, in accordance with the adat (custom) and constitution of the luak, Dato' Menteri Othman bin Baginda ("the first defendant") became acting Undang. He was bound by the adat of the luak to instruct Dato' Ombi Syed Alwi bin Syed Idrus ("the plaintiff") one of the Dato' Lembaga (Tribal Chiefs) of the luak to investigate and nominate candidates, from amongst whom a suitable person would be elected as successor to the deceased Undang.

On 4 December the Dato' Menteri received a nomination from Kecik bin Kiman, Dato' Raja Diraja or Buapak from Waris Sarin, nominating Musa bin Wahab, P.J.K. ("the second defendant") as