JUDGMENT

Pike CJ (Borneo):

The defendants in the above suit make application, through their advocate Mr. George Seah, to strike out the writ of summons and statement of claim herein on the ground that they involve matters beyond the jurisdiction of this Court.

APPLICATION TO STRIKE OUT WRIT OF SUMMONS AND STATEMENT OF CLAIM IN CHAMBERS

The plaintiff who, until dismissed on the 24 September 1966, by the first defendant in his capacity as Governor of Sarawak, was the Chief Minister of Sarawak, claims the declarations set out hereunder and seeks an injunction to restrain the second defendant from acting as Chief Minister of Sarawak.

(1) . A declaration that the calling, meeting and vote of Council Negri on the 23 September 1966 were illegal, null, void and of no effect.

(2) . A declaration that his purported dismissal by the first defendant was ultra vires, null and void.

(3) . A declaration that the purported appointment of the second defendant as Chief Minister was illegal, null, void and of no effect.

(4) . A declaration that the plaintiff is and was at all material times from 22 July 1963 the Chief Minister of the State of Sarawak.

(5) . An injunction restraining the second