JUDGMENTBY: MOHD HISHAMUDDIN J
:
In the present case, pursuant to the filing of the civil suit, the plaintiff has filed an interlocutory application under O 29 r 1 of the Rules of the High Court 1980 (the RHC) seeking an interlocutory injunction to restrain the defendants from using certain machinery and equipment located on a specified piece of land. The plaintiff alleges that the machinery and equipment belong to him and that he has not given any consent to the defendants to use them.
For the purpose of this interlocutory application, the plaintiff has filed four affidavits, namely encls 3, 6, 18 and 19. All the four affidavits are in the Malay language.
At the commencement of the hearing of this interlocutory application, the learned counsel for the defendants, En Rozilan bin Abdul Rahman, raises a preliminary objection. He submits that all the four supporting affidavits are invalid on the ground that they do not have a jurat in the form as prescribed by O 41 r 1(7) and (8) of the RHC. As the affidavits are invalid, therefore (he submits), the interlocutory application is without any supporting affidavit. And, as it is without any supporting affidavit, it follows it sho
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