Court of Appeal

LBA 1043 Malaysian Legal System II

© Muhammad Nizam Awang @ Ali

ISLAMIC SCIENCE UNIVERSITY OF M A L A Y S I A

Faculty of Syariah and Law

Superior Court

• Constitution

• Civil Appeal– General Rule of Civil Appeal– Conditions to Civil Appeal– Appellate Civil Power

• Criminal Appeal – Appellate Criminal Jurisdiction– Appellate Criminal Power

• Legislations: Federal Consti & Courts of Judicature Act 1964 (Act 91)

Discussion

Points

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

Court of Appeal

High Court

Original J. Subordinate Courts

Appeal (1) Original J.

Appeal (2) Appeal (1)

(a) (b)

General Rule of Civil Appeal – s.67

No appeal if….

Not Okay !!! Okay with the COA’s leave

Consent Judgment

The Specific Law says:HC decision is final!!

Amount claimed < RM250,000

the proceedings costdecided by the lower court

Conditions to Civil Appeal – s.68

Order a new trial,

unless

there is

miscarriage

of justice

Reverse or

vary decision

of the HC

Appellate Civil Power – s.71

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

Court of Appeal

High Court

First-Instance Magistrate’s Courts

Appeal (1)

First Instance

Appeal (2)

Appeal (1)

s.50(1) s.50(2)

Sessions Courts

Appeal (2)

ON QUESTION ON QUESTION OF LAW OF LAW onlyonly

(UNLESS WITH (UNLESS WITH COA LEAVE)COA LEAVE)

Appellate Criminal Jurisdiction –s.50

Appellate Criminal

Power

Make order

contempt

of court – s.13

Confirm, reverse or

vary decision made

by the trial court

Summarily dismiss the appeal

Order retrial or remit to

the trial court

Quash, confirmed, or vary

sentence made by

the trial court – s.60(2)

Make order as the

court think just – s.60(1)

Appellate Criminal Power

• Yeo Yoo Teik V Jemaah Pengadilan Sewa Pulau Pinang & Anor [1996] 2 CLJ 228

Cases in Discussion

• 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

Cases in Discussion (2)

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