FEDERAL COURT (PUTRAJAYA)
ROHANA YUSUF, PCA, AZAHAR MOHAMED, CJM, ABANG ISKANDAR ABANG HASHIM, CJSS, NALLINI PATHMANATHAN, FCJ AND ABDUL RAHMAN SEBLI, FCJ
CIVIL APPEAL NO : 02(f)-55-06/2019(W), CIVIL APPEAL NO. W-02(NCvC)(A)-2124-10/2018 AND ORIGINATING SUMMONS NO: WA-24NCVC-1237-06/2018
10 August 2020
GROUNDS OF JUDGMENTIntroduction
[1] The primary question of law for disposal in this appeal relates to the recurrent problem of identifying when a court is rendered functus officio, as opposed to when it retains jurisdiction and/or remains empowered to grant consequential orders, subsequent to the grant of a final judgment or order.
[2] However, overlying the issue stated above in this appeal, is that of res judicata and issue estoppel, as the present appeal stems from an impeachment suit seeking to set aside orders granted in an earlier suit. This impeachment suit was filed after the grant of final orders in the earlier suit. All avenues of appeal in respect of the earlier suit had also been exhausted.
[3] The background facts are of significance.