The Malaysian Bar

Malaysian Court System

Last Updated Monday, 29 September 2008 04:37PM

THE SUPERIOR COURTS

This consists of the High Court of Malaya, the High Court of Sabah & Sarawak, the Court of Appeal and the Federal
Court. The Federal Court is the highest court of the land.

High CourtsThe High Courts have general supervisory and revisionary jurisdiction over all the Subordinate Courts and
hear appeals from the Subordinate Courts in civil and criminal matters.

They hear matters relating to the validity or dissolution of marriage (divorce) and matrimonial causes, bankruptcy and
companies winding up matters, guardianship or custody of children, grants probates of wills and letters of administration
of deceased persons, injunctions, specific performance or rescissions of contracts, legitimacy of any persons and
generally actions of which the claim exceeds RM250,000-00 (except motor vehicle accidents, landlord and tenant and
distress). The High Courts have powers to hear all criminal matters.

Court of AppealGenerally, the Court of Appeal hears all civil appeals against decisions of the High Courts except where
against judgment or orders made by consent. In cases where the claim is less than RM250,000-00 or the judgment or
order relates to costs only or against decisions of a judge in chambers on an interpleader summons on undisputed facts,
leave of the Court of Appeal must first be obtained.

The Court of Appeal also hears criminal appeals against decisions of the High Courts.

Federal CourtAll civil appeals from the Court of Appeal are heard by the Federal Court only after leave is granted by the
Federal Court. The Federal Court also hears criminal appeals from the Court of Appeal only in respect of matters heard
by the High Court in its original jurisdiction.

THE SUBORDINATE COURTS

This consists of the Sessions Courts, the Magistrates' Courts and in West Malaysia the Penghulu's Courts.

Penghulu's CourtsGenerally, the Penghulu's Courts hear civil matters of which the claim does not exceed RM50-00 and
where the parties are persons of Asian race and speaking and understanding the Malay language. The Penghulu's
Court’s criminal jurisdiction is limited to offences of a minor nature charged against a person of Asian race of which is
specially enumerated in his "kuasa" which can be punished with a fine not exceeding RM25-00.

Magistrates' CourtsThe Magistrates' Courts hear all civil matters of which the claim does not exceed RM25,000-00.
Generally in criminal matters, the Magistrates' Courts have power to try all offences of which the maximum term of
imprisonment does not exceed 10 years or which are punishable with fine only but may pass sentences not exceeding 5
years imprisonment, fine not exceeding RM10,000-00 and/or whipping up to 12 strokes.

The Magistrates' Courts also hear appeals from the Penghulu's Courts.

Sessions CourtsThe Sessions Courts hear all matters of which the claim exceeds RM25,000-00 but does not exceed
RM250,000-00 except in matters relating to motor vehicle accidents, landlord and tenant and distress, where the
Sessions Courts have unlimited jurisdiction. The Sessions Courts have powers to hear all criminal matters except for
offences punishable with death and may pass any sentences allowed by law except the sentence of death.

Small Claims

Civil claims not exceeding RM5,000-00 where the party pursuing the claim is an individual (i.e. not a company or
agent/assignee of debts) are brought before the Magistrates' Courts pursuant to the small claims procedure where legal
representations are strictly prohibited. You may fill in the Form 164 (Summons and Statement of Claim) which is
available upon request at the Subordinate Courts Building by following the instructions found on the Form. You may also
consult a lawyer but you cannot be represented by him at the hearing.

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