A three-member bench chaired by Hanipah Farikullah said there was no merit in Deepak Jaikishan’s appeal as the High Court judge had extensively considered the pleadings and the issues in coming to his findings.

“His findings on the locus of the appellant (Deepak), lack of essential ingredients and particulars in the pleadings are correct in law,” she said.

Hanipah, who sat with Azizah Nawawi and See Mee Chun, said the High Court judge was also correct to determine that no amendments could cure Deepak’s statement of claim.

“There is no appealable error that warrants intervention by this bench,” she said.

The bench awarded RM7,000 in costs to Najib and Rosmah and the same amount to Boustead Holdings Bhd and its subsidiary, Bakti Wira Development Sdn Bhd.

Lawyer David Mathews represented Najib and Rosmah, and Robert Lazar appeared for Boustead and Bakti Wira. Counsel Magita Hari Mogan represented Deepak.

In his suit filed on Oct 12, 2018, Deepak said he had suffered losses due to conspiracy, fraud and undue influence by the defendants.

He said that as a director and majority shareholder of Astacanggih Sdn Bhd, he had signed a land deal with the director and majority shareholder of Awan Megah (M) Sdn Bhd, Raja Ropiaah Raja Abdullah, over three pieces of land, involving 181.9ha in Mukim Kapar, Klang, and Mukim Bukit Raja in the Petaling district.

Deepak claimed that a deposit payment of RM13 million had been made by Astacanggih to Awan Megah and a land bond for RM72.5 million from Kuwait Finance House (M) Bhd was submitted to the Malaysian government.

However, he claimed Awan Megah refused to produce the original land titles for transfer to Astacanggih.

He said that as a result of the alleged conspiracy and interference from Najib and Rosmah, he was forced to sell 80% (16 million units) of his shares in Astacanggih to Boustead Holdings through Bakti Wira Development.