TAN SRI MUSA HJ AMAN v. TUN DATUK SERI PANGLIMA HJ JUHAR HJ MAHIRUDDIN & ANOR AND ANOTHER APPLICATION
FEDERAL COURT, PUTRAJAYA
MOHD ZAWAWI SALLEH FCJ
ABDUL RAHMAN SEBLI FCJ
ZABARIAH MOHD YUSOF FCJ
[CIVIL APPLICATIONS NO: 08(f)-497-12-2019(S) & 08(f)-503-12-2019(S)]
3 SEPTEMBER 2020
[2020] CLJ JT (13)

CIVIL PROCEDURE: Appeal - Application for leave to appeal - Application under s. 96(b) of Courts of Judicature Act 1964 - Tussle for position of Chief Minister of Sabah ('CM') - Subsequent CM appointed as result of defection of several State Assemblymen - Challenge against validity of appointment - Whether issues of public importance - Whether questions of law related to effect of Sabah Constitution - Whether issue became academic upon dissolution of State Legislative Assembly - Whether questions of law fell within ambit of s. 96(b)

CONSTITUTIONAL LAW: Executive - Chief Minister - Tussle for position of Chief Minister of Sabah ('CM') - Subsequent CM appointed as result of defection of several State Assemblymen - Challenge against validity of appointment - Whether appointment within confines of Sabah Constitution - Whether issue became academic upon dissolution of State Legislative Assembly - Whether questions of law fell within ambit of s. 96(b) of Courts of Judicature Act 1964