Kota Kinabalu: In an unusual move, a group of defendants in a civil suit involving the Kinabalu Singh Sabha Association Sabah (KSSA) have applied to the High Court here to bar plaintiff Datuk Ram Singh (pic) from acting for himself as an advocate and solicitor in the suit.
They are also seeking to bar his law firm, Messrs Ram Singh & Co, from continuing to act for him, citing an alleged conflict of interest.
The application was supported by an affidavit affirmed by the eighth defendant, Datuk Dr Charanjeet Singh a/l Isher Singh, on behalf of the second and fourth to 39th defendants.
Charanjeet said Ram was a party to the suit and would also be a witness on material and disputed questions of fact.
He said this would give rise to a conflict of interest, adding that Rule 28(a) of the Advocates (Practice and Etiquette) Rules 1988 prohibits an advocate from appearing in a case where he has reason to believe he would be a witness on a material and disputed question of fact.
Charanjeet also said Messrs Ram Singh & Co should not remain on record as Ram’s solicitors as the firm was owned by the plaintiff.
He claimed the continued representation by Ram and/or his firm was incompatible with the best interests of the administration of justice.
The defendants, who filed the application on Aug 28, are seeking an order in terms of their application.
Ram, the paSt President of the association, is suing the KSSA’s Honorary Secretary and 42 others for alleged defamatory statements made in a requisition calling for a vote of no confidence against him.
The suit concerns allegations that Ram mismanaged the association’s affairs, acted without proper authority, misused and misappropriated its funds, obstructed the repair and reopening of the Darbar Sahib, and was incompetent and abused his position as President.
Ram is seeking a declaration that the statements were false, defamatory and malicious and an injunction restraining the defendants from further publishing them, a full retraction and apology, damages to be assessed by the court, plus interest and costs.
