KOTA KINABALU: A lawsuit by Datuk Dr Suhaili Abdul Rahman against Bersatu secretary-general Datuk Seri Hamzah Zainudin has been struck out by the High Court on Wednesday (May 29).
Judge Datuk Ismail Brahim, who delivered the verdict via Zoom, also ordered the Labuan MP to pay RM5,000 in costs to Hamzah, subject to the payment of allocatur.
The court delivered the ruling after allowing an application by the former home minister to strike out Suhaili’s writ and statement of claim.
The striking out order was made on the grounds that the High Court in Sabah and Sarawak in Kota Kinabalu had no jurisdiction over Hamzah in respect of the subject matter of the claim and reliefs sought in the action.
Suhaili had filed the suit on Dec 19 last year after Bersatu’s decision the previous month to suspend his membership in the party for six years.
In the action, Suhaili sought a declaration that he had been deprived of his expectation as a member of the party as well as a full refund of his life membership fee paid to Bersatu, or damages, punitive damages, and exemplary damages.
In his application, Hamzah’s counsel submitted that he had met the conditions in sub-sections (a), (b) and (c) of Section 23(1) of the Courts of Judicature Act 1964.
Thus, the counsel argued, it was the High Court in Malaya which had the jurisdiction to hear the suit.
Suhaili was represented by lawyer Syed Anwar Shariff Abdullah while counsel Hamid Ismail and Nabila Norsahar appeared for Hamzah.
Bersatu had suspended Suhaili from the party on Nov 7 last year.
This was after he had expressed support for Prime Minister Datuk Seri Anwar Ibrahim's leadership, especially in efforts to uplift the country’s economy and stem the rising cost of living.
Hamzah had then, in announcing the decision, said Suhaili had violated Section 22.1(f) of the Bersatu constitution.
