KOTA KINABALU: The High Court here set aside yesterday with cost an interim injunction to restrain a bishop of a church from carrying out his duties pending disposal of a suit brought by a member of the church against him.
High Court Judicial Commissioner Lee Heng Cheong allowed the bishop’s preliminary objection to ex-parte orders granted by the court to Kong Yun Chee @ Joshua Kong who named the bishop and the holder as first and second defendants respectively in his suit.
In his reserved decision delivered at his chambers, among others, Lee held that the plaintiff has no locus standi to institute action to remove the bishop and that he (the plaintiff) has sued him for uncertainty of party or wrong party.
The non-compliance of Section 9 of the Government Proceedings Act 1956 was also another ground why the court set aside the ex-parte orders granted to the plaintiff on July 18, this year.
Among the granted ex-parte orders were an interim injunction to restrain the first and/or the second defendants from carrying out their duties pertaining to any financial and/or management issues concerning the church in Sabah and to order the defendants to hand over all documents, cheque books and/or any materials concerning the church in Sabah to the plaintiff.
On June 27, this year, the plaintiff, among others, file a claim against the defendants, one or more, jointly and severally, an order or a declaration that the first defendant is not a fit and proper person to hold the position as a bishop and an order that the first defendant be removed as bishop with immediate effect.
He is also seeking an order and/or a declaration that the trust instrument under the Trustees (Incorporation) Ordinance CAP 148 dated July 3, 1968 is illegal, invalid, null and void and has no further effect.
Joshua when met outside the court after the proceedings, said that he would not be appealing against the court’s decision but would be filing a fresh application instead.
Counsel Rakhbir Singh represented Joshua while counsel Ronny Cham acted for both defendants.