Zuraida fails to quash suit by PKR for breaching party bond

Judicial Commissioner Datuk Seri Latifah Mohd Tahar dismissed the application after finding that there were issues that could be tried in the suit filed by PKR secretary-general Datuk Saifuddin Nasution Ismail on Sept 28, 2020 to claim RM10 million from Zuraida for allegedly breaching the bond binding her to the party.

"The claim in this suit is not plain and unsustainable that can be revoked as there is a clear cause of action against the defendant (Zuraida), as well as the bond, signed by the defendant on April 25, 2018, has to be clarified in a full trial.

"The defendant has to testify why she signed the bond and what was the purpose of signing the bond, and whether there are other conditions. Therefore, there is a need for witness from both parties to explain the purpose of the bond.

"The court is also of the opinion that it is not appropriate for the suit to be struck out at this stage. Therefore, the court dismisses the defendant's application to quash the plaintiff's suit at a cost of RM5,000," said Latifah who delivered the decision during an online proceeding (e-Review) today.

PKR was represented by lawyer Chiew Choon Man at the proceeding.

Meanwhile, lawyer Muhammad Nizamuddin Hamid, representing Zuraida, when contacted, said his client would appeal against the decision.

In the statement of claim, PKR claimed that Zuraida 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 admitted that the party has incurred significant expenses to promote itself and that the defendant also admitted that by appointing her as a candidate and giving her permission to use the party's logo, emblem, symbol, and flag, the party has further increased the value of the defendant in the amount of more than RM10 million.

PKR claimed that Zuraida agreed to pay the party a sum of RM10 million at the latest seven days, in the event of several incidents, after winning the election on a PKR ticket, including if resigns from the party or joins other political parties or becomes an independent elected representative.

The party claimed that on or around Feb 24, Zuraida in a statement with 10 PKR members of Parliament (MPs) announced their resignation from the party without her resigning as Ampang MP, and eventually formed a new bloc known as Perikatan Nasional (PN).

PKR is seeking Zuraida to 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 interest of five per cent on the amount to be determined by the court, as well as other costs and relief deemed fit by the court.