Musa's counsel Tengku Fuad Ahmad said they are disappointed that the Court of Appeal had upheld the preliminary objection that it is academic, but Musa's legal team will take the case to the Federal Court.
Musa has been ordered to pay Chief Minister Datuk Seri Mohd Shafie Apdal RM50,000 in costs and RM20,000 to Yang di-Pertua Negeri Tun Juhar Mahiruddin.
On May 10, Musa was sworn in as Chief Minister before Juhar after Sabah STAR formed allegiance with Sabah Barisan Nasional.
On May 12, Shafie took over the Musa-led government and was sworn in as Chief Minister before Juhar after six Barisan assemblymen pledged their support for the Parti Warisan Sabah president.
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Yesterday's news
KOTA KINABALU: The Court of Appeal is expected to hear Thursday (Nov 28) the appeal of former chief minister Tan Sri Musa Aman against last year's High Court ruling to dismiss his claim to be the rightful Chief Minister, instead of incumbent Datuk Seri Mohd Shafie Apdal.
The three-member bench comprising Justices Kamardin Hashim, Rhodzariah Bujang and Mohamad Zabidin Mohd Diah is expected to hear final arguments from Musa's lawyers, as well as lawyers representing defendants Yang DiPertua Negeri Tun Juhar Mahiruddin and Shafie.
Lawyers on both sides were non-committal when asked if a decision by the Court of Appeal could be expected on Thursday, although any decision would likely be appealed by either party at the Federal Court.
Musa, the former Sabah Barisan Nasional chairman, is appealing against
the High Court judge Yew Jen Kie's dismissal of his originating summons seeking to declare him as the rightful Sabah Chief Minister and to declare his removal by the Governor as illegal and against the Sabah Constitution.
The Kuching-based judge in her ruling said that the Sabah Yang di-Pertua Negeri had the discretionary power to appoint Shafie as Chief Minister based on the evidence that Shafie had the majority without going to assembly.
Justice Yew in her ruling said that the statutory declaration from six defecting Barisan assemblymen pledging support for Shafie, the Parti Warisan Sabah president was evidence to Tun Juhar Mahiruddin in her 47-page judgement over the case that centred on the powers of the Governor under the Sabah Constitution to appoint and remove a sitting chief minister.
The ruling was based on two main issues – whether the Governor was acting within his constitutional power when he purportedly dismissed Musa as CM, and whether the Governor's appointment of Shafie was null and void.
Justice Yew based her judgment on several cases highlighted by the lawyers from both sides and that included the 2009 Perak Mentri Besar case when the Sultan had removed a sitting Mentri Besar who refused to resign and replaced him with a successor who had the majority in the assembly.
Though Sabah differed from Perak, which is a constitutional monarchy, it was still applicable in several instances, including gathering reliable extraneous sources to determine the loss of majority.
The judge ruled that the Governor had the power to appoint Shafie as Chief Minister although he had earlier sworn in Musa on May 10.
Many see any decision of the court on Thursday as academic with Musa the lone Sabah Umno assemblyman in the assembly while most of the 17 other elected Umno representatives have defected to Parti Pribumi
Bersatu Malaysia and other parties including Warisan.
Warisan and its coalition partners DAP, Upko and PKR with 48 seats hold a clear two-thirds majority in the 65-member house (inclusive of five nominated assemblymen) assembly).
Apart from Musa, who only made one appearance at the state assembly sittings since last year, the opposition has four assemblymen from PBS and three from Parti Solidariti Tanah Airku (Sabah STAR).
Sabah Bersatu with nine assemblymen is seen as part of the Warisan led state government though the former Sabah Umno assemblymen have yet to be seen working closely with the Warisan led state government.
In the last general election, Sabah Barisan secured 29 seats, Warisan-PKR-DAP secured 29 seats, and Sabah STAR won two seats.
On May 10, Musa was sworn in as Chief Minister before Juhar after Sabah STAR formed allegiance with Sabah BN.
On May 12, Shafie took over the Musa-led government and was sworn in as Chief Minister before Juhar after six Barisan assemblymen pledged their support for the Warisan president.
The three-member bench comprising Justices Kamardin Hashim, Rhodzariah Bujang and Mohamad Zabidin Mohd Diah is expected to hear final arguments from Musa's lawyers, as well as lawyers representing defendants Yang DiPertua Negeri Tun Juhar Mahiruddin and Shafie.
Lawyers on both sides were non-committal when asked if a decision by the Court of Appeal could be expected on Thursday, although any decision would likely be appealed by either party at the Federal Court.
Musa, the former Sabah Barisan Nasional chairman, is appealing against
the High Court judge Yew Jen Kie's dismissal of his originating summons seeking to declare him as the rightful Sabah Chief Minister and to declare his removal by the Governor as illegal and against the Sabah Constitution.
The Kuching-based judge in her ruling said that the Sabah Yang di-Pertua Negeri had the discretionary power to appoint Shafie as Chief Minister based on the evidence that Shafie had the majority without going to assembly.
Justice Yew in her ruling said that the statutory declaration from six defecting Barisan assemblymen pledging support for Shafie, the Parti Warisan Sabah president was evidence to Tun Juhar Mahiruddin in her 47-page judgement over the case that centred on the powers of the Governor under the Sabah Constitution to appoint and remove a sitting chief minister.
The ruling was based on two main issues – whether the Governor was acting within his constitutional power when he purportedly dismissed Musa as CM, and whether the Governor's appointment of Shafie was null and void.
Justice Yew based her judgment on several cases highlighted by the lawyers from both sides and that included the 2009 Perak Mentri Besar case when the Sultan had removed a sitting Mentri Besar who refused to resign and replaced him with a successor who had the majority in the assembly.
Though Sabah differed from Perak, which is a constitutional monarchy, it was still applicable in several instances, including gathering reliable extraneous sources to determine the loss of majority.
The judge ruled that the Governor had the power to appoint Shafie as Chief Minister although he had earlier sworn in Musa on May 10.
Many see any decision of the court on Thursday as academic with Musa the lone Sabah Umno assemblyman in the assembly while most of the 17 other elected Umno representatives have defected to Parti Pribumi
Bersatu Malaysia and other parties including Warisan.
Warisan and its coalition partners DAP, Upko and PKR with 48 seats hold a clear two-thirds majority in the 65-member house (inclusive of five nominated assemblymen) assembly).
Apart from Musa, who only made one appearance at the state assembly sittings since last year, the opposition has four assemblymen from PBS and three from Parti Solidariti Tanah Airku (Sabah STAR).
Sabah Bersatu with nine assemblymen is seen as part of the Warisan led state government though the former Sabah Umno assemblymen have yet to be seen working closely with the Warisan led state government.
In the last general election, Sabah Barisan secured 29 seats, Warisan-PKR-DAP secured 29 seats, and Sabah STAR won two seats.
On May 10, Musa was sworn in as Chief Minister before Juhar after Sabah STAR formed allegiance with Sabah BN.
On May 12, Shafie took over the Musa-led government and was sworn in as Chief Minister before Juhar after six Barisan assemblymen pledged their support for the Warisan president.
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