KOTA KINABALU: Tan Sri Musa Aman’s challenge against the appointment of his successor as Sabah chief minister will be heard at the High Court on Oct 26.
In a teleconference hearing via handphones from Kuching yesterday, High Court judge Justice Yew Jen Kie threw out Parti Warisan Sabah president Datuk Seri Shafie Apdal’s bid to strike out Musa’s suit.
She made the ruling in a call with Musa’s lawyer, Tengku Fuad Ahmad, and Mohd Shafie’s counsel, Datuk Douglas Lind, in chambers at the Kota Kinabalu High Court.
Justice Yu said after considering all the affidavits and submissions, she was satisfied that Musa’s originating summons had raised questions of law, which required full consideration, and were unsuitable to be summarily struck out.
She then ordered Musa’s lawyer to file submissions by Sept 14 and for the defendants to respond by Sept 28.
Musa’s lawyer will be given until Oct 5 to respond to Shafie’s submissions.
“A decision will be made on Oct 26,” she said.
Shafie’s bid to strike out Musa’s suit was originally set for Sept 3 but was brought forward.
Musa, who claims to be the rightful Sabah chief minister after his swearing-in on May 10, has filed an originating summons against the Yang di-Pertua Negeri Tun Juhar Mahiruddin and Shafie on May 12.
In his affidavit to strike out the suit, Shafie claimed that Musa had no reasonable grounds to challenge his appointment, adding that his party and its partners had a clear majority of 35 representatives against Sabah Barisan Nasional and Sabah STAR’s of 25 in the 60-seat assembly.
Another suit by Parti Bersatu Sabah’s Tamparuli assemblyman Datuk Jahid Jahim, who recognises Musa as the chief minister and filed to stop the state assembly Speaker from allowing its sitting to convene on July 11, will also be heard on the same day.
Both Juhar and state Speaker are represented by state Attorney General Zaleha Rose.
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