Zuraida fails to quash PKR’s suit for breaching party bond
PKR claimed that Zuraida Kamaruddin agreed to pay the party a sum of RM10 million in seven days at the latest.
PUTRAJAYA: The Court of Appeal today dismissed former PKR vice-president Zuraida Kamaruddin’s appeal to strike out a lawsuit filed against her for breaching the party’s bond.
In a unanimous decision, a three-member panel led by judge Vazeer Alam Mydin Meera said the court agreed with the High Court judge that the 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 orally (viva voce), before a decision is made.
“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 through a video-conference.
The other two judges were M Gunalan and Mariana Yahya.
The panel made the ruling after hearing submissions from counsels Nizamuddin Abdul Hamid representing Zuraida, and Ranjit Singh, who appeared for PKR secretary-general Saifuddin Nasution Ismail.
On Nov 19, 2021, 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 bond’s terms and conditions.
Among the terms and conditions are that the defendant (Zuraida) agreed that the party had incurred significant expenses to promote her.
Also in the terms and conditions, the defendant admitted that by appointing her as a candidate and giving her permission to use the party’s logo, emblem, symbol, and flag, the party had further increased the “value” of the defendant to an amount of more than RM10 million.
PKR claimed that Zuraida agreed to pay the party a sum of RM10 million in seven days at the latest in the event of several incidents, after winning the election on a PKR ticket. These incidents included if she resigns from the party, or joins other political parties or becomes an independent elected representative.
The party claimed that on or around Feb 24, 2020, Zuraida, in a statement with 10 other PKR MPs, announced their resignation from the party without her resigning as Ampang MP. She eventually aided in forming a new bloc known as Perikatan Nasional.
PKR is demanding Zuraida 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 5% on the amount to be determined by the court, as well as other costs and relief deemed fit by the court.
PUTRAJAYA: The Court of Appeal today dismissed former PKR vice-president Zuraida Kamaruddin’s appeal to strike out a lawsuit filed against her for breaching the party’s bond.
In a unanimous decision, a three-member panel led by judge Vazeer Alam Mydin Meera said the court agreed with the High Court judge that the 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 orally (viva voce), before a decision is made.
“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 through a video-conference.
The other two judges were M Gunalan and Mariana Yahya.
The panel made the ruling after hearing submissions from counsels Nizamuddin Abdul Hamid representing Zuraida, and Ranjit Singh, who appeared for PKR secretary-general Saifuddin Nasution Ismail.
On Nov 19, 2021, 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 bond’s terms and conditions.
Among the terms and conditions are that the defendant (Zuraida) agreed that the party had incurred significant expenses to promote her.
Also in the terms and conditions, the defendant admitted that by appointing her as a candidate and giving her permission to use the party’s logo, emblem, symbol, and flag, the party had further increased the “value” of the defendant to an amount of more than RM10 million.
PKR claimed that Zuraida agreed to pay the party a sum of RM10 million in seven days at the latest in the event of several incidents, after winning the election on a PKR ticket. These incidents included if she resigns from the party, or joins other political parties or becomes an independent elected representative.
The party claimed that on or around Feb 24, 2020, Zuraida, in a statement with 10 other PKR MPs, announced their resignation from the party without her resigning as Ampang MP. She eventually aided in forming a new bloc known as Perikatan Nasional.
PKR is demanding Zuraida 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 5% on the amount to be determined by the court, as well as other costs and relief deemed fit by the court.
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