Abdul Hamid Omar CJ (Malaya):

[1] This is an appeal against the decision of Harun J given at the High Court, Kuala Lumpur, ordering that the appellant's statement of claim be struck out and the order for a stay of execution be dissolved. There is also a motion for a stay of execution.

[2] The order to strike out the statement of claim and the dissolution of the order for the stay of execution were made by the learned Judge after hearing an application by the respondents/defendants, on a certificate of urgency, on grounds that:

(1) the matters raised in the said Writ and the accompanying Statement of Claim are non-justiciable and/or outside the jurisdiction of this Honourable Court;

(2) the Honourable Court has no jurisdiction to grant a stay of execution on a warrant of execution on a Sentence of Death issued against the plaintiff on 18 May 1985;

(3) the purported action of the plaintiff is misconceived in that the death sentence pronounced by the High Court and confirmed by the Federal Court is final and conclusive and cannot in any event be reversed.

[3] In his judgment the learned Judge has made a finding that there is no cause of action.

[4] At the hearing before us the appell