Court Sets April 8 For Case Management Of Case Against Kelantan Regent

KUALA LUMPUR, March 8 Mac (Bernama) -- The High Court set April 8 for case management of an application by the Kelantan Regent, Tengku Muhammad Faris Sultan Ismail Petra, to strike out a suit filed by his younger brother, Tengku Muhammad Fakhry, over possession of a Bentley Brooklands car, costing S$706,880 (RM1,689,530).

High Court senior assistant registrar Suzarika Sahak fixed the date in chambers after meeting lawyer P.Vadivu, who mentioned on behalf of Tengku Muhammad Fakhry's counsel, Mohd Haaziq Pillay, and Farah Syuhadah Razali, who represented Tengku Muhammad Faris.

Mohd Haaziq, when contacted by Bernama, said the court ordered Tengku Muhammad Fakhry to submit an affidavit in reply to the matter by March 12.

On Sept 9 last year, Tengku Muhammad Fakhry filed an originating summons, which named the Regent as the defendant, to seek, among others, a declaration that the blue car, with registration number DBG 1, which was purchased for him or for his or his father's disposal, was his.

He also sought a declaration that he was had absolute entitlement to the car and that the detention of the car by Tengku Muhammad Faris was unlawful.

Tengku Muhammad Fakhry is also seeking a declaration that he was entitled to take back the car wherever it was or was found, and that Tengku Muhammad Faris, or his agent, was prevented from taking the car without his consent and knowledge.

Tengku Muhammad Fakhry, in his supporting affidavit, said all transaction pertaining to the sale and purchase of the car in September 2008 was made between him and the car dealer, Malayan Motors.

He said that on Sept 24, 2008, the car was delivered to the Kelantan Sultan and registered under his (Sultan) name.

Tengku Muhammad Fakhry said that since its arrival in Kelantan, the car was at all times in his exclusive possession for his use at Istana Mahkota, Kubang Kerian, Kota Baharu, and also at his residence at Dua Residency, Jalan Tun Razak, Kuala Lumpur.

He said that on July 18, 2009, while he was abroad, Tengku Muhammad Faris, through his agent or workers, and without his knowledge and permission, had taken the car away from his residence at Dua Residency to Istana Mahkota.

Tengku Muhammad Fakhry said he finally found out that the car was at Istana Telipot, Kota Bharu, the Regent's official residence.

Tengku Muhammad Fakhry also claimed that throughout the time he was using the car, the Sultan had never objected to it and that Tengku Muhammad Faris had never used the car or claimed ownership of the vehicle.

He claimed that he was the beneficiary owner of the car and was entitled to use and possess it.

Tengku Muhammad Faris, in his application to strike out the suit which was filed on Feb 10 this year, said that the suit was plain and obviously could not be defended because the purchaser of the car was the Kelantan Sultan.

He said the receipt issued for the purchase of the car, as well as the registered owner, was under the Sultan's name.

The Regent said Tengku Muhammad Fakhry had no power and legal rights to enter into any agreement on behalf of the Sultan.

He said the declaration sought by Tengku Muhammad Fakhry that he was the beneficiary owner of the car should be made against the registered owner of the car, the Sultan.

-- BERNAMA