KOTA KINABALU, June 25 — The Federal Court will decide on August 26 whether former chief minister Tan Sri Musa Aman will be given leave to challenge the Court of Appeal’s decision striking out his appeal to be the rightful Sabah chief minister.
Deputy registrar Wan Fatimah Zaharah Wan Yussof today fixed the date for the hearing to be held in Putrajaya during an online case management, according to lawyer Datuk Douglas Lind.
Lind, who is representing Chief Minister Datuk Shafie Apdal said the Federal Court will hear the application by Musa’s counsel against the decision of the lower court in dismissing Musa’s appeal on the ground that it is academic.
“The hearing will only involve whether the apex court should grant leave to Musa’s legal team and not on the claim itself,” he said.
If permission is granted, the case can then be brought to the Federal Court. And both parties will have to file documents again.
Last November 28, the Court of Appeal struck out Musa’s appeal against the High Court’s decision to dismiss his claim as the rightful chief minister of Sabah
A three-member bench comprising Mohamad Zabidin Mohd Diah, Kamardin Hashim and Rhodzariah Bujang had allowed a preliminary objection by Shafie’s lawyers.
Kamardin said they allowed the preliminary objection, which effectively struck out the appeal, after agreeing with Shafie’s lawyer that the case was academic.
