KOTA KINABALU: The High Court here has struck out a suit filed by Bersatu's Datuk Indera Dr Suhaili Abdul Rahman against the party's secretary-general, Datuk Seri Hamzah Zainudin.
The court also ordered the Labuan member of parliament to pay RM5,000 to Hamzah subject to the payment of allocatur.
Judge Datuk Ismail Brahim made the ruling via a Zoom call today.
The court made the order after allowing Hamzah's application to strike out Suhaili's writ and statement of claim on the grounds that the High Court in Sabah and Sarawak in Kota Kinabalu here had no jurisdiction over Hamzah in respect of the claims and reliefs sought in the action.
Suhaili filed the suit on Dec 19, 2023, following Bersatu's decision on Nov 7, 2023, to suspend his membership from the party for six years.
In the suit, Suhaili was seeking a declaration that he had been deprived of his entitlements as a member of the party, claiming a full refund of his life membership fee paid to Bersatu or compensation for damages, punitive damages, and exemplary damages.
In Hamzah's application, his counsel stated in a written submission that he (Hamzah) had met the conditions in sub-sections (a), (b) and (c) in section 23(1) of the Courts of Judicature Act 1964. Thus, it was the High Court that had the jurisdiction to hear the suit.
Counsels Hamid Ismail and Nabila Norsahar represented Hamzah.
Suhaili, on the other hand, was represented by Syed Anwar Shariff Abdullah.
In November last year, Bersatu suspended the party membership of the Labuan MP for six years, effective immediately.