JUDGMENT

Abdul Malik Ishak JCA:

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. 8 of the National Language Acts 1963/1967 (Act 32) and/or s. 3 of the Interpretation Acts 1948 and 1967 (Act 388) and/or r. 101 of the Rules of the Court of Appeal 1994 and/or pursuant to the inherent jurisdiction of this court:

1. The appellant's record of appeal filed in the appellant's appeal herein be struck out and/or set aside.

2. Consequently, the appellant's appeal herein be dismissed with costs.

3. The costs of this application shall be borne by the appellant.

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

1. That the applicant appellant be allowed to file this application out of time.

2. That the applicant appellant be allo