In a motion filed last week, Najib said the subject matter of the appeal was interlocutory in nature, as it did not finally dispose of the rights of the attorney-general as an aggrieved party.

As a result, the defence contended that the Court of Appeal decision was not appealable.

However, a three-member apex court bench chaired by Chief Judge of Malaya Hasnah Hashim disagreed, saying the Court of Appeal’s decision allowing Najib to adduce fresh evidence in his appeal had finally disposed of the rights of the parties.

As such, she said, it was a “final decision” within the meaning of Section 3 of the Courts of Judicature Act 1964.

“Therefore, the preliminary objection is dismissed and we will proceed to hear the leave application,” said Hasnah, who sat with Justices Zabariah Yusof and Hanipah Farikullah.

On Jan 6, the Court of Appeal granted Najib leave to begin judicial review proceedings to compel the government to execute a supplementary decree issued by the former king allowing him to be placed under house arrest.

Justices Firuz Jaffril and Azhahari Kamal Ramli held that the High Court’s finding that Najib’s affidavits were based on hearsay evidence could no longer stand following the new evidence adduced by the former Pekan MP.

They said Najib had obtained a copy of the addendum, issued by the Pahang ruler when he was the 16th Yang di-Pertuan Agong, after the High Court hearing in July.

Justice Azizah Nawawi, who chaired the Court of Appeal bench, dissented, saying the High Court was correct in ruling that a mandamus order could not be granted against the pardons board.

Azizah said there was no legal provision that could make the board confirm or disclose the existence of a pardon order, including the addendum order.