KUALA LUMPUR, Nov 20: The High Court here today allowed an application by four Parti Amanah Negara (Amanah) members to strike out a suit by PAS and its Batu divisional leader Azhar Yahya for the return of two units of shop lots in Batu.
Judge Datuk Ahmad Zaidi Ibrahim made the decision in chambers in the presence of lawyers Ahmad Zamri Asa’ad Khuzami, representing the four Amanah members, and Wan Rohimi Wan Daud, who appeared for PAS and Azhar.
Rosden Mohd Yassin, M. Suhaimi A. Rahaman, Ismail Yahaya and Jamhor Nawawi are the four defendants named in the suit which was filed last July 20.
Ahmad Zamri, when met by reporters, said the court allowed the application by the Amanah members on grounds that Azhar and the Batu PAS did not have the locus standi to file the action and ordered them to pay costs of RM3,000 to the four defendants.
The suit was more for the first plaintiff (Md mansor Ali), who was the owner of the property, he said, adding that the suit filed by Md Mansor against the four defendants would proceed and fixed Jan 24 next year for case management.
Md Mansor, Azhar and PAS filed the suit to demand the return of the two shop lots, as well as all documents on the property, as well as exemplary damages, costs and interest.
In the statement of claim, it was stated that Azhar and Batu PAS had bought the two shop lots in 2001 for RM250,000 and ownership of the property was transferred to Md Mansor as the trustee, who also applied for loan from Bank Islam Malaysia Berhad (BIMB) for the purchase of the property.
The plaintiffs also claimed that at that time, all the four defendants were Batu PAS committee members for the term 2013/2015 and were also appointed the trustees of the property concerned.
However, following a crisis in PAS prior to the party’s 61st general assembly in 2015, about 16 of the committee members, including the four defendants resigned, as well as quit the party and joined Amanah.
The plaintiffs claimed that in November 2014, Batu PAS received a letter of demand from BIMB on the arrears in monthly installments, following which the party requested the four defendants to resolve the matter with the bank.
They claimed that the defendants withdrew about RM15,000 each to settle the debts with the bank, which was estimated at RM57,766, and then sold the property belonging to PAS without the party’s permission.–Bernama