Jo Ann Mool
KOTA KINABALU: A suit brought by the Sabah Progressive Party (SAPP) against the mayor for attempting to dismantle the party's Sabahtv.net signboard at its head quarters in Bornion Centre, Luyang last year, has been discontinued as both parties have agreed to an amicable settlement.
The action came up for trial before High Court Judge Datuk David Wong on Friday but the plaintiffs counsel Ken Yong informed the court that prior to the trial date, both parties had agreed to settle the matter out of court.
According to Yong, who appeared together with counsel Peter Marajin, State counsel Mohd Hanafiah Mohd Kassim, who represented the mayor, had proposed the settlement which the plaintiff subsequently accepted.
Yong informed the court their agreement on the settlement and also told the court that they were withdrawing the suit.
Wong held that by consent of the parties judgement be entered that the plaintiffs claim in the action against the defendant be discontinued with no order as to cost;
- - That the plaintiff will write to the defendant to inform that the signboard in question is securely mounted and is not a risk to public safety;
- - That the defendant should withdraw all dispute notices dated July 11,2011 and that the defendant undertakes not to remove the signboard in question being the subject matter in the action.
SAPP's Secretary-General Datuk Richard Yong We Kong, had on behalf of the party filed the suil against the Mayor on July 22, 2011 for trying to take down the signbodrd on July 9 and 11 the same 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 had sought 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 also sought that the second notice issued by the defendant dated July 11, 2011 is mala fide and wrongful and is, therefore, is null and void.
Additionally, the party sought a declaration that they have the right to display the Sighboard No. 2 (Sabahtv.net) 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 prohibited by the laws of Malaysia.
Richard Yong was present in court together with the party's Deputy President Datuk Liew Teck Chan, former deputy president Datuk Philip Yong, Assistant Secretary Suaib Mutalib, Youth Chief Edward Dagul and Supreme Councillor Bahari Aship.
Daily Express
Saturday, March 10, 2012
Page 5
Baguslah bah kalau sudah settle. Sekarang ni pun saya rasa itu signboard bukan lagi kuning tapi sudah putih sebab luntur. hahhaa
ReplyDeleteSo lepas ni jangan lagi buat bising ataupun timbulkan apa2 isu mengenai hal ini.
ReplyDeleteAkhirnya selesai setelah beberapa kali hal ni kena highlight.
ReplyDeleteTaniah kpd kedua-dua pihak kerana mencapai persetujuan bersama. Inilah yang diharapkan ramai - kurangkan pertelingkahan dan banyakkan usaha utk saling bekerjasama bagi menanggani sesuatu hal.
ReplyDeleteNasib baik kedua-dua pihak sanggup menyelesaikan masalah ini diluar mahkamah. Tahniah.
DeleteHarap lepas ini, isu ini tidak lagi diporak perandakan atau dipolitikkan demi kepentingan sendiri.
ReplyDeleteThere is always a solution to a problem. Its just depends on how the person tackle the issue.
ReplyDeleteSemoga kes ini akan selesai di sini tanpa perlunya menjalani proses yang berpanjangan jika dibawah ke mahkamah.
ReplyDeletebgslah ia ddpt diselesaikan dgn cara baik. ini menunjukkan kedua pihak bersikap terbuka.
ReplyDeletePersetujuan dua pihak akhirnya membuat kes ini lebih mudah dan senang diselesaikan.
ReplyDeleteTidak ada lagi kedengaran mengenai isu ini, maksudnya diselesaikan dengan win-win situation.
ReplyDeleteit's might be true that the action taken by City Hall was politically motivated, but how about SAPP signboard? can they denies that there is no political elements in the signboard?
ReplyDeleteanyway, well done for being able to reach an agreement to solve this problem peacefully outside the court.
ReplyDeleteBukankah ini lebih baik? Tidak payah bazir duit naik turun mahkamah.
ReplyDelete