THE Kota Kinabalu High Court will hear this afternoon the oral submissions on legal action brought by Musa Aman challenging Mohd Shafie Apdal’s appointment as Sabah chief minister on May 12.

Lawyer Douglas Lind, representing Shafie, said all parties have filed their written submissions to the court, and the hearing is fixed for today.

The case will be heard before judge Yew Jen Kie.

On August 24, Yew dismissed Shafie’s application to strike out an originating summons filed by Musa, the former chief minister, after ruling that the latter had raised questions of law, rendering the originating summons unsuitable to be struck out summarily.

He ordered all parties to file their written submissions before he made the decision.

Shafie filed the strikeout application on June 5, on the grounds that Musa has no valid reason to challenge his appointment as chief minister.

An originating summon requires no trial, and lawyers from both parties file submissions and affidavits to argue their cases. A writ of summons, meanwhile, requires a trial, with witnesses called up to testify.

Musa, on May 17, filed a writ of summons, but later withdrew it. In June, he filed an originating summons, seeking a court declaration that he is the rightful chief minister appointed on May 10 by Yang di-Pertua Negeri of Sabah Juhar Mahiruddin.

In the originating summons, Musa named Juhar as the first defendant and Shafie, the second defendant, and sought a declaration that Shafie’s appointment on May 12 was illegal.

Musa was sworn in as chief minister after securing a simple majority in the 14th general election.

However, he lost the majority when several assemblymen from his party, Umno, and the state-based United Pasokmomogun Kadazandusun Murut Organisation, which is a Barisan Nasional component, jumped ship to support the Shafie-led Parti Warisan Sabah. – Bernama, October 25, 2018.