The Court of Appeal declined to hear Khairuddin Abu Hassan’s appeal against a High Court ruling that struck out his suit on Aug 24.

A three-member bench chaired by Hanipah Farikullah said it was allowing a motion by Muhyiddin and the government to strike out Khairuddin’s notice of appeal that was served outside the 30-day period as required under the Rules of the Court of Appeal.

“The motion to strike out the appeal is allowed,” said Hanipah, who sat with Hadhariah Syed Ismail and Nordin Hassan.

The bench also ordered Khairuddin to pay the government RM5,000 in costs.

Khairuddin filed his notice of appeal on Sept 21 after the High Court dismissed his suit on Aug 24.

However, he only served the notice on Muhyiddin and the government on Oct 11.

Lawyer Rafique Rashid Ali represented Khairuddin, while federal counsel M Kogilambigai appeared for Muhyiddin and the government.

The High Court had allowed the government’s application to strike out Khairuddin’s suit questioning the former prime minister’s legitimacy to advise the King to proclaim an emergency.

Khairuddin had filed an originating summons on Jan 18 asking the court to decide on the legal and constitutional issues over the proclamation.

He asked the court to decide whether the advice by a prime minister, who had lost the confidence of the majority of MPs, to the King to issue a proclamation of emergency was invalid and unconstitutional.

Additionally, he wanted the court to determine the validity of the suspension of Parliament during the emergency.

On Feb 17, Muhyiddin and the government filed their application to strike out the suit on grounds that it was frivolous, trivial, troublesome and an abuse of the court process.