Khairuddin wants the memorandum of appearance entered by the law firm of Ng Aik Guan on behalf on Jho Low to be set aside.
Khairuddin also wants a declaration that the businessperson better known as Jho Low had failed to enter an appearance for the suit filed on Aug 15.
The former Umno man, who is also a Citizens’ Declaration coordinator, claimed that Ng does not have the lawful authority to act for Jho Low and that the memorandum of appearance entered on Sept 28, is invalid and hence null and void.
The application was filed this afternoon, through Messrs Syed Iskandar Syed Jaafar.
In his affidavit in support of the application, Khairuddin claims that his lawyers had tried to serve the sealed summons to Jho Low’s Tanjung Bungah home but failed to do so after three attempts.
“Hence, Jho Low is not in Malaysia. I am made to understand that Jho Low also has two international passports and hence he is no longer a Malaysian and had run away or has disappeared,” he said in the affidavit.
“Jho Low has not appeared in Malaysia or in any other place and this fact cannot be denied by him. His presence is also unknown. As a result of not being able to serve the summons, the court had allowed for it to be served via substitute service on Sept 14,” he said.
Khairuddin added that on Sept 15, his lawyer received a letter from Ng claiming to be acting for Jho Low but the firm did not show the authority given to him (Ng) and there are dubious circumstances to the firm’s appointment as the Penang-born businessperson is not in Malaysia and is said to be on the run and renounced his citizenship.
He added that on Sept 26, his lawyers replied to Ng’s letter requesting for further evidence and the firm replied two days later by giving a warrant but on closer examination of the document, it was found to be false.
“My lawyers have replied to the Ng law firm to protest his authority to represent Jho Low. Hence, the memorandum of attendance by Ng’s law firm should be set aside,” Khairuddin said.
He filed the suit on Aug 15 where he named Rosmah, Jho Low, and 1MDB as defendants for the return of the pink diamond.
In his statement of claim, Khairuddin alleged that between June 2013 and March 2014, Jho Low had acted through his agent Eric Tan to purchase jewelry from Lorraine Schwartz in New York for the sum of US$27.3 million, which includes the pink diamond and necklace which he alleged had been misappropriated.
It was reported that Rosmah and 1MDB have applied to strike out the suit.