IBRAHIM MOHAMAD vs KETUA POLIS DAERAH JOHOR BAHRU & ORS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1996 MarsdenLR 1111

HIGH COURT MALAYA JOHOR BAHRU
IBRAHIM MOHAMAD – Appellant
Versus
KETUA POLIS DAERAH JOHOR BAHRU & ORS – Respondent

Petitioner Advocates:Noordin Hussin ,Respondent Advocate: Teo Say Eng

JUDGMENT

Abdul Malik Ishak J:

[1] This was an appeal to the Judge in Chambers in encl 17 against the decision of the Senior Assistant Registrar ("SAR") who had on March 22, 1996 dismissed the defendants application in encl 8 to strike out the plaintiffs writ indorsed with the Statement of Claim in encl 2. The defendants relied solely on O 18 r 19 (1)(a) of the Rules of the High , 1980 ("RHC") to advance their application in encl 8 and for convenience that rule is reproduced hereinunder:

"19 (1) The Court may at any stage of the proceedings order to be struck out or amended any pleading or the indorsement, of any writ in the action, or anything in any pleading or in the indorsement, on the ground that:
(a) it discloses no reasonable cause of action or defence, as the case may be; or"

[2] The defendants did not file a supporting affidavit to back up their application in encl 8. The plaintiff filed two affidavits to challenge encl 8. One was in encl 10 that was affirmed on June 9, 1995 and filed on June 15, 1995. The other was in encl 15 that was affirmed on February 6, 1996 and filed on February 9, 1996. The issue that arose was whether in an application under O 18 r 19 (1)(a) of the RHC

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1996 MarsdenLR 1111

HIGH COURT MALAYA JOHOR BAHRUIBRAHIM MOHAMAD – AppellantVersusKETUA POLIS DAERAH JOHOR BAHRU & ORS – Respondent

HIGH COURT MALAYA JOHOR BAHRU
IBRAHIM MOHAMAD – Appellant
Versus
KETUA POLIS DAERAH JOHOR BAHRU & ORS – Respondent