Mohamed Dzaiddin FCJ:

This appeal came up for hearing before us on 9 May 2000. The panel was headed by Tan Sri Chong Siew Fai, Hakim Besar Sabah & Sarawak.

At the outset of the proceeding, Encik BS Sidhu, counsel for the respondents raised a preliminary objection in respect of the jurisdiction of this court to hear the appeal. Notice of the preliminary objection was given to the appellant's solicitors by fax on 5 May 2000.

The sole ground of the objection is that the subject matter of the appeal is not from the judgment of the Court of Appeal in respect of any civil cause or matter decided by the High Court in the exercise of its original jurisdiction within the meaning of s. 96(a) of the Courts of Judicature Act 1964 (the Act). It was the contention of the respondents' counsel that the present appeal is in respect of the decision of the Court of Appeal on a preliminary objection taken up on behalf of the respondents before the hearing of the appeal on the merits.

The Record of Appeal established the following facts. On 26 August 1999 when the appeal came up for hearing before the Court of Appeal, counsel for the respondents raised a preliminary objection that the recor