Ex-Minister wins bid to strike out civil lawsuit
Published on: Tuesday, August 14, 2018
Putra Jaya: Former Minister in the Prime Minister's Department Datuk Seri Jamil Khir Baharom succeeded in his application to strike out an appeal by Yayasan Pembangunan Anak Yatim/Miskin (Pemangkin) and two others in a civil lawsuit.A Court of Appeal three-man bench comprising Datuk Nalini Pathmanathan, Datuk Dr Badariah Sahamid and Datuk Zabariah Yusof unanimously allowed Jamil's application to strike out the appeal with RM2,000 in costs.Pemangkin, its founders, Datuk Mohd Yusoff A Bakar, 65, and Ahmad Fazil Hashim, 61, had filed a lawsuit at the Kuala Lumpur High Court in March last year naming eight defendants including Jamil, alleging misconduct and attempts to shut down the foundation.
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In her decision, Justice Nalini said there was no service of the notice of appeal, hence the appeal was fatally flawed, and that Pemangkin did not undertake to regularise the notice of appeal.Jamil's lawyer Adnan Seman told the court that Pemangkin's appeal ought to be struck out on grounds that Pemangkin served the notice of appeal 51 days out of time.On Pemangkin's claim that it had served the notice of appeal via email, Adnan said he did not receive any email pertaining to the notice of appeal.Lawyer Datuk Suhaimi Kamaruddin, representing Pemangkin, Mohd Yusoff and Ahmad Fazil, argued that they had served the notice of appeal within the time frame through email.
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