Abdul Malik Ishak JCA (delivering judgment of the court)

INTRODUCTION

[1]There were two enclosures for our consideration. The first one was encl 25a which was a notice of motion filed by the respondent (Tun Dr Mahathir bin Mohamad). The second was encl 29a which was also a notice of motion filed by the appellant (Dato' Seri Anwar bin Ibrahim). We heard these two enclosures simultaneously.

[2]The notice of motion in encl 25a sought to move this court for the following orders pursuant to art 152 of the Federal Constitution and/or s 8s 3r 101

(a)the appellant's record of appeal filed in the appellant's appeal herein be struck out and/or set aside;

(b)consequently, the appellant's appeal herein be dismissed with costs; and

(c)the costs of this application shall be borne by the appellant.

[3]While the notice of motion in encl 29a sought the following prayers:

(a)that the applicant appellant be allowed to file this application out of time;

(b)that the applicant appellant be allowed to file and to serve the additional appeal record containing the memorandum of appeal in the Malay language within 21 days from the date of this order;

(c)the costs of the application to be borne by the applicant appell