KHAIRY JAMALUDDIN v. DATO' SERI ANWAR IBRAHIM & ANOTHER APPEAL

[2022] 5 MLRA 25
Federal Court, Putrajaya
Abang Iskandar Abang Hashim CJSS, Nallini Pathmanathan, Vernon Ong, Hasnah Mohammed Hashim, Rhodzariah Bujang FCJJ
[Civil Appeal Nos: 02(f)-43-04-2019(W) & 03-2-08-2020(N)]
Abang Iskandar Abang Hashim CJSS, Nallini Pathmanathan, Vernon Ong, Hasnah Mohammed Hashim, Rhodzariah Bujang FCJJ

JUDGMENT

Vernon Ong FCJ:

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.

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