Tan Sri Musa Aman
KOTA KINABALU: The High Court here ordered Sungai Sibuga assemblyman Tan Sri Musa Aman to pay RM5,000 costs for discontinuing his writ of summons against Parti Warisan Sabah president Datuk Seri Shafie Apdal last month as he had filed a new action seeking the same prayers by way of originating summons (OS).
Justice Datuk Yew Jen Kie made the order on Musa, who withdrew his writ against Shafie on June 6. Musa on the same day filed his OS through Messrs F. T. Ahmad & Co.
“We are claiming for RM10,000 costs from Musa, however, the court awarded RM5,000,” said Datuk Douglas Lind, who represented Shafie, in a phone call yesterday.
Douglas also said that the costs matter was supposed to be heard on August 3 but parties were called up two days ago (July 9) pertaining to the matter.
When asked on the costs claimed by his client, he explained that it was because Musa had commenced the action (filing of the said writ), although it was not served to Shafie but Shafie entered appearance under one of the provisions of the Rules.
Apart from that, Douglas also said that Shafie had also filed a notice of application to strike out the writ.
The writ, which was filed by Musa on May 17, among others, sought a declaration that he is the rightful Sabah Chief Minister and in that writ Musa had named the Head of State (TYT) and Shafie as the first and second defendants respectively.
On Musa’s OS, the same judge had fixed September 3 to deliver her ruling on the bid to strike out the application by Shafie against the said OS.
Shafie had filed the application on June 28.