Ramly Ali JC:

Background

The plaintiff filed his summons-in-chamber (SIC) on 28 July 2001 (encl. 4) for an injunction to restrain the defendants from entering and working on his 4,327 sq. ft. land at H.S.(M) 3709, PT 4369, Mukim Pelangai, Daerah Bentong, Pahang Darul Makmur. To support his application, the plaintiff filed two affidavits, namely: affidavit-in-support sworn by the plaintiff personally on 13 July 2001 and affidavit tambahan, also sworn by the plaintiff on 24 August 2001.

Preliminary Objections By The Defendants

Before hearing the said SIC, the defendants raised preliminary objections to the effect that:

(i) the affidavits do not comply with O. 41 r. 1(4) of the Rules of the High Court 1980 (RHC 1980), as the deponent's occupation or description is not stated therein;

(ii) the affidavits do not comply with O. 41 r. 1(7) and (8) of the RHC 1980 in that the jurat therein is defective;

(iii) the affidavits do not comply with O. 41 r. 3 of the RHC 1980 in that the jurat used is inapplicable as the deponent is or is deemed to be illiterate.

Issues To Be Determined

After going through the relevant affidavits and submissions by both counsels for the plaintiff and def