Jo Ann Mool
KOTA KINABALU: The High Court here has fixed Jan 20 next year for mention of the suit brought by Sabah Progressive Party (SAPP) against the Kota Kinabalu Mayor for attempting to dismantle the party's Sabahtv.net signboard at its headquarters in Bornion Centre, Luyang, four months ago.
High Court Judge Datuk David Wong set the date Wednesday, which was scheduled for case management.
Earlier, the court was informed by the counsel representing SAPP that they would make a new application for the case to be disposed of by way of the Order 14A of the Rules of the High Court, in order for the case to be settled through points of law.
The plaintiff's counsel, Ken Yong, who appeared together with counsel Peter Marajin, applied for an adjournment to prepare the questions.
SAPP Secretary-General Datuk Richard Yong We Kong, on behalf of the party, filed the suit against the Mayor on July 22, this year for trying to take down the signboard on July 9 and 11, this year.
The plaintiff claimed that the move by City Hall to dismantle the signboard was mala fide, politically motivated and aimed at tarnishing the party's reputation and image.
The party is seeking a declaration that the By-law No. 3(1) and 4 of the Kota Kinabalu Municipal Council (Advertisement) By-laws 1983 (the "Advertisement By-laws") do not apply to them as they are a non-commercial entity.
The party is also seeking that the second notice issued by the defendant dated July 11 is mala fide and wrongful and is, therefore, null and void.
The party is also seeking a declaration that they have the right to display the Signboard No.2 (Sabahmnet) at its own premises and a further declaration that they have the right to display any signboard subject to the onus of the defendant to prove that the signboard poses danger to the public and/or contains words or language that are prohibited by the laws of Malaysia.
Senior State counsel Hanafiah Kasim represented the Mayor.
Daily Express
Thursday, December 22, 2011
Page 5
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