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ISLAMIC SCIENCE UNIVERSITY OF

M A L A Y S I A
Faculty of Syariah and Law

LBA 1043
Malaysian
Legal
System II
Superior Court
Court of Appeal
© Muhammad
Nizam
Awang @ Ali
• Constitution

• Civil Appeal
– General Rule of Civil Appeal
Discussion – Conditions to Civil Appeal
– Appellate Civil Power
Points
• Criminal Appeal
– Appellate Criminal Jurisdiction
– Appellate Criminal Power

• Legislations: Federal Consti &


Courts of Judicature Act 1964 (Act
91)
Constitution
• Art. 121(1B) – judicial power of the Court of
Appeal
• Art. 122A(1) - composition of Court of Appeal
judges:
– A chairman (President of the Court of Appeal)
– Other ten judges
• Art.122A(2) – High Court judge may sit as a
judge if:
– Interests of justice so require
– Nominated by the President, after consulting the
Chief Judge of the High Court
General Rule of Civil Appeal – s.67
(a) (b)
Appeal (2) Court of Appeal Appeal (1)

Appeal (1) High Court Original J.

Original J. Subordinate Courts


Conditions to Civil Appeal – s.68

No appeal if….

Not Okay !!! Okay with the


COA’s leave

Consent Amount claimed


Judgment < RM250,000

The Specific Law says: the proceedings cost


HC decision is final!! decided by the lower court
Appellate Civil Power – s.71

Order a new trial,


unless Reverse or
there is vary decision
miscarriage of the HC
of justice
Cases in Discussion
• Pentadbir Tanah Daerah Melaka Tengah
v. Mat Nayan b Tak [1996] 2 MLJ 45
Cases in Discussion (2)
• Read also:
• Harris Solid State (M) Sdn Bhd v. Bruno
Gentil s/o Pereira [1996] 3 MLJ 489
• Tyn Ping Kwan v. Medan Juta Sdn Bhd
[1996] 3 MLJ 367
• Jurutera Consultant (SEA) Sdn Bhd & Ors
v. Eddie Lee Kim Tak & Ors [199] 1 MLJ
381
Appellate Criminal Jurisdiction –s.50
s.50(1) s.50(2)
Appeal (2) Court of Appeal Appeal (2)

ON QUESTION
OF LAW only
(UNLESS WITH
COA LEAVE)

Appeal (1) High Court Appeal (1)

First-Instance Sessions Magistrate’s First


Courts Courts Instance
Appellate Criminal Power

Summarily Confirm, reverse or


dismiss the appeal vary decision made
by the trial court

Make order Appellate


contempt Order retrial or
Criminal
remit to
of court – s.13 Power
the trial court

Quash, confirmed, or vary


sentence made by Make order as the
the trial court – s.60(2) court think just – s.60(1)
Cases in Discussion
• Yeo Yoo Teik V Jemaah Pengadilan Sewa
Pulau Pinang & Anor [1996] 2 CLJ 228
Cases in Discussion (2)
• Read also:
• Wu Shu Chen (sole executrix of estate of
Goh Keng Hoe, decd.) v Raja Zainal
Abidin b Raja Hussin & Anor [1995] 3 MLJ
224
• Penang Port Commission v Kanawagi
Seperumaniam [2003] 1 CLJ 819
Recap
• Constitution
• Civil Appeal
– General Rule of Civil Appeal
– Conditions to Civil Appeal
– Appellate Civil Power

• Criminal Appeal
– Appellate Criminal Jurisdiction
– Appellate Criminal Power
Next
Lesson
Federal Court

Statute:
Federal Constitution
Courts of Judicature
Act 1964

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