The Court of Appeal today dismissed former PKR vice president Zuraida Kamaruddin’s appeal to strike out a lawsuit filed against her by the party for breaching the party bond.
A three-member panel led by judge Vazeer Alam Mydin Meera unanimously ruled that they agreed with the High Court judge that the issue of legality and validity of the contract between the parties (Zuraida and PKR) could only be determined through a full trial.
"The court needs to hear full evidence, both documentary and oral, (viva voce) before a decision is made.
"We do not find that the High Court judge was clearly wrong in deciding that the issues raised in this suit are not suitable for consideration for striking out application.
"Hence, the appeal is dismissed with a cost of RM10,000 and the decision of the High Court is affirmed," Vazeer said in his decision delivered via video-conferencing.
The other two judges were M Gunalan and Mariana Yahya.
The panel made the ruling after hearing submissions from counsels Muhammad Nizamuddin Abdul Hamid, representing Zuraida and Ranjit Singh, who appeared for PKR secretary-general Saifuddin Nasution Ismail.
On Nov 19, last year, the High Court dismissed Zuraida’s application to strike out the suit filed by the party on Sept 28, 2020.
In the statement of claim, PKR claimed that Zuraida, who is now Plantation Industries and Commodities Minister, had signed a bond on April 25, 2018, binding her to pay RM10 million to the party as stated in the terms.
Signed an agreement
Among the terms and conditions are that the defendant (Zuraida) admitted that the party has incurred significant expenses to promote herself.
The defendant also admitted that by appointing her as a candidate and giving her permission to use the party's logo, emblem, symbol, and flag, the party has further increased the value of the defendant in the amount of more than RM10 million.
PKR claimed that Zuraida agreed to pay the party a sum of RM10 million at the latest within seven days, in the event of several incidents, after winning the election on a PKR ticket, including if she resigns from the party, joins another political party or becomes an independent elected representative.
The party claimed that on or around Feb 24, 2020, Zuraida in a statement with 10 PKR MPs announced their resignation from the party without her quitting as Ampang MP, and eventually formed a new bloc known as Perikatan Nasional (PN).
PKR is seeking Zuraida to pay RM10 million in accordance with the terms of the bond, or alternatively RM12,049,459.20 under Section 71 of the Contracts Act with an interest of five percent on the amount to be determined by the court, as well as other costs and relief deemed fit by the court.
- Bernama
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