JUDGMENT

Introduction

[1] These two appeals emanated from two distinct and separate actions involving different parties; one action (Dato' Seri Anwar Ibrahim v. Khairy Jamaluddin) was tried in the Kuala Lumpur High Court and the other action (Man Seng Trading & Marketing Sdn Bhd v. Guinness Anchor Marketing Berhad) was tried in the Seremban High Court. Khairy Jamaluddin's appeal to the Court of Appeal was struck out as was Guinness Anchor's appeal to the Court of Appeal. We heard the two appeals together since the questions of law in both appeals relate to the striking out of the appellants' respective notices of appeal to the Court of Appeal on the grounds that it is ambiguous, defective and bad in law.

[2] The questions of law for this Court's determination fall within the realm of adjectival law also called procedural law - the area of law that deals with the rules of procedure governing evidence, pleadings and practice. As such, we think that it is sufficient to set out the salient facts leading up to the striking out of the two notices of appeal in question.

Khairy Jamaluddin's Appeal No: 02(f)-43-04-2019 (1st Appeal)

[3] The 1st Appeal relates to the appellant's Notice of Appeal to the Court of Appeal which was struck out after the Court of Appeal upheld the respondent's preliminary objection on the grounds that the Notice of Appeal is ambiguous, invalid and unlawful as it was filed against two separate orders issued by the High Court.

Questions of Law

[4] The appellant obtained leave of this Court to appeal on the following three questions of law:

Whether the Federal Court's decision in Deepak Jaikishan v. A Santamil Selvi Alau Malay @ Anna Malay & Ors [2017] 4 MLRA 1; [2017] 4 MLJ 11; [2017] 5 CLJ 641 can be interpreted as prohibiting the filing of a single Notice of Appeal in relation to the following circumstances: