Appeals Court upholds decision to strike out Deepak’s suit against Najib, Rosmah over land deal

PUTRAJAYA: The Court of Appeal here has affirmed a High Court's decision that struck out a RM676mil lawsuit by a businessman against former prime minister Datuk Seri Najib Razak, his wife Datin Seri Rosmah Mansor and two companies in a property deal that he claimed caused huge losses to his company.

Justice Hanipah Farikullah, who chaired a three-man panel, said there was no merit in the appeal filed by J. R. Deepak Jaikishan on grounds that the High Court judicial commissioner had extensively considered the pleadings and issues in his findings.

"We find his (the judge) findings on the issue of locus of the appellant (Deepak) and the lacking of essential ingredients and particulars in the pleadings as considered by the appellant's counsel are correct in law," she said in the decision via Zoom proceedings here on Friday (Oct 8).

Justice Hanipah also said that no amendment could cure Deepak's statement of claim and the High Court did not commit any appealable error that could warrant appellate intervention.

The court ordered Deepak to pay RM7,000 in costs to Najib and Rosmah and another RM7,000 to Boustead Holdings Bhd and its subsidiary Bakti Wira Development Sdn Bhd.

The two other judges on the panel were Justices Azizah Nawawi and See Mee Chun.

Deepak was appealing against the decision of the High Court in July last year that struck out his suit against Najib, Rosmah and the two companies.

He filed a suit against Najib, Rosmah and the companies on Oct 12, 2018, claiming that he had suffered losses due to the conspiracy, fraud and undue influence by the defendants in a property deal that allegedly caused his company to suffer huge losses.

In his claims, Deepak - as a director and majority shareholder of Astacanggih Sdn Bhd - had signed a land deal with the director and majority shareholder of Awan Megah (M) Sdn Bhd, Raja Ropiaah Raja Abdullah, over three pieces of land involving 181.9 hectares in Mukim Kapar, Klang and Mukim Bukit Raja in the Petaling district.

He claimed Astacanggih made a deposit of RM13mil to Awan Megah.

A land bond for RM72.5mil from Kuwait Finance House (M) Bhd was submitted to the Malaysian government, he claimed.

However, Deepak alleged that Awan Megah refused to produce the original land titles for transfer to Astacanggih.

He claimed that as a result of the conspiracy and interference from Najib and Rosmah, he was forced to sell 80% (16 million units) of his shares in Astacanggih to Boustead Holdings through Wira development.

He sought RM600mil in general damages, RM50mil in exemplary damages and RM26mil in aggravated damages.

Deepak was represented by lawyer Magita Hari Mogan.

Lawyers Datuk David Matthews represented Najib and Rosmah while Robert Lazar represented the two companies.