COURT OF APPEAL PUTRAJAYA
PENANG PORT COMMISSION – Appellant
Versus
KANAWAGI SEPERUMANIAM – Respondent
Appeals
[1] Two related appeals have been lodged by the appellant ("the defendant") against two decisions of the Kuala Lumpur High Court. They are tabulated below:-
Appeal No: Order Appealed Against W-02-715-2001 Judgment for respondent ("plaintiff") in originating summons R2-24-5-2000 ("plaintiff's originating summons"). W-02-95-2001 Dismissal of appellant's (defendant's) application to strike out plaintiff's originating summons under O 18 r 19 of the Rules of the High 1980.
A reference hereinafter to an order and a rule is a reference to that order and rule in the Rules of the High 1980.
Factual Background
[2] The events leading to these appeals evince a chequered history.
[3] In 1987, the plaintiff commenced Kuala Lumpur Civil Suit No S6-22-208-87 ("the plaintiff's writ action") against the defendant seeking, inter alia:-
(1) a declaration that the defendant's termination of the plaintiff's employment as a traffic supervisor on 7 May 1987 was null and void ("prayer 1");
(2) a declaration that the plaintiff has obtained a pass in the Bahasa Malaysia paper at the Sijil Pelajaran Malaysia examination of 1976 and should therefore be confirmed in the post as traffic sup
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