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Intro

Appeal is a judicial avenue provided for those who are


disatisffied with the decision in the lower Court.
It is an invitation to the appelate Court
Definition of appeal
No definition of appeal in ROC, appeal is appeal to
higher Court for obtaining review for lower Court
decision or reversal of the lower Court Judgment or the
granting of new Trial.
Barron's Law Dictionary
It may be defined to an appellate by an aggrieved party
to an action, seeking to set aside or reverse a decision
of a Court that is subordinate to it.
Appeals are creatures of
statute
An aggrieved party must be able to bring itself within
the terms of the statutory requirements of an appeal.
Appeals are creatures of statute
The right to appeal is only by statute. It is not in itself a
necessary part of the procedure in action, but is the
right of entering a court and invoking its aid and
interposition to redress the error of the court below
Westbury LC in AG v Sillem 33 LJ Ex 209; 10 HL
Cas
Terms judicially defined

The Federal Court has no power to hear matters from


Court of appeal unless that matters came from High
Court in exercising its original jurisdiction.
S 96(a)
It is abundantly clear therefore that the Federal Court
has no jurisdiction to determine appeals from any
judgment, order or decision of the Court of Appeal
unless such judgment, order or decision is in respect of
any cause or matter decided by the High Court in the
exercise of its original jurisdiction.
Terms judicially defined
order or decision
An order or decision made which does not deal with the final
rights of the parties on the subject matter in dispute would
mean that the said order or decision was not conclusive of
the main suit and therefore would not be appealable within
the meaning of the word decision as defined in s 3 of the
Courts of Judicature Act 1964.
decision does not apply to a ruling made on a preliminary
objection.
Tetuan J & SQ Holdings Sdn Bhd v A Karim bin Hasan &
Anor [2001] 1 AMR 81
Terms Judicially defined
judgment
The term judgment is sometimes used in different
senses. It may mean a judicial determination; the
decision of a court; the decision or sentence of a court
on the main question in a proceeding, or in one of the
questions, if there are several The term judgment is
also used to denote the reasons which the courts gives
for its decision
Tan Kim Leng & Anor v Chong Boon Eng & Anor
[1974] 2 MLJ 151, Wan Suleiman FJ
Appeals from the subordinate court to the High Court
Appeals from statutory bodies to the High Court
Appeals from the Registrar of the High Court to the
Judge in Chambers
Appeals from the High Court to the Court of Appeal
Appeals from the Court of Appeal to the Federal Court
Appeals from the High Court to the Federal Court
Appeals from subordinate court

Where a party is dissatisfied with the decision of a judge


of a subordinate court, he shall have a right to appeal
against that decision, order or judgment.
Appeals from subordinate court

Relevant statutory provisions


S 27 CJA
The appellate civil jurisdiction of the High Court shall consist of the hearing of
appeals from subordinate courts as hereinafter provided.
S 28 CJA
(1)Subject to any other written law, no appeal shall lie to the High Court from a
decision of a subordinate court in any civil cause or matter where the amount in
dispute or the value of the subject - matter is ten thousand ringgit or less except
on a question of law.
Kannaya & Anor v Teh Swee Eng [1994] 1 MLJ 504
(2) An appeal shall lie from any decision of a subordinate court in any proceedings
relating to maintenance of wives or children, irrespective of the amount involved.
O55 r1 ROC
In this Order "decision" includes "judgment", "order" and "decree.
Appeals from subordinate
court
An appeal from the subordinate court to the High Court
is of 2 types
appeal from any decision made after trial
the appeal will be heard by a judge and decision
delivered in open court
O55 r3(1)-(6) ROC
an appeal from any decision other than a decision
made after trial
the appeal will be heard by a judge in chambers
O55 r5(1)-(3) ROC
Appeals from decision made after
trial the procedure
Notice of Appeal - O55 r3(1)-(6) ROC
Appeals to the High Court shall be brought by giving a notice
of appeal within 14 days from the date of the decision
appealed from [O55 r2 ROC]
The notice ofappealshall be inForm 111and must be filed in
the subordinate court from which the decision is appealed
from [O55 r3(1) ROC]
Theappealmay be against the whole or part of a judgment
and the notice ofappealmust state whether the whole or
part only, and what part, of the judgment or order is
complained of [O55 r3(2) ROC]
Appeals from decision made
after trial
Notice of Appeal - O55 r3(1)-(6) ROC
Within the time limited for filing of theappeal, the
appellant also has to deposit into court a sum of
RM1,000 by way of security for the costs of
theappeal [O55 r3(3) ROC].
On receiving a notice ofappeal,the registrar must
enter theappealin a list ofappealsfrom the
subordinate courts [O55 r6 ROC]
A duplicate copy of the notice ofappealmust be
served on all the respondents within the timelimited
for the filing of theappeal [O55 r3(4) ROC].
Appeals from decision made
after trial
Notice of Appeal - O55 r3(1)-(6) ROC
The appellant must also, within the timelimited for
the filing of anappeal,apply to the subordinate court
appealed from in writing for the notes of proceedings
and the grounds of judgment [O55 r3(5) ROC].
Interference to evidence
Court generally wont interefere with lower Court
decision O55 r7
At the hearing of the appeal the Court will not
allow for introduction of new evidence unless the
Judge is satisfy that :-
a) At the lower Court the evidence was not
available for the party seeking to use it, or that
reasonable diligence would not have made them
so available.
b) The fresh evidence if true would have had or
would have been likely to have a determining
Interference to evidence

Relevant statutory provision S.29 CJA read together


with S.69 (1) - (3)
The High Court has full discretionary power to receive
oral examination in Court by affidavit or by deposition
taken by examiner or comissioner.
The new evidence may be given without leave on
interlocutory applications, or in any case as to matters
which have occured after the date of decision from
which the appeal is brought
The evidence may only be admitted on special ground
only, and not without leave of the Court.
Interference to evidence

However, the exception to call for fresh evidence at the


appellate level may only be allowed if the evidence had
already called for new evidence.
Ladd v Marshall [1954] 3 ALL ER 745
Asiatic Development Berhad & Anor v
Balachandar a/l Palanasamy
Interference to fact
Appellate Court will never interfere with finding of facts
by the trial Court
An Appellate Court should be very reluctant to interfere
with finding of facts by the trial Judge where the
credibility of the witness is in question.
But appellate Court is allowed to draw its own
conclusion from the evidence.
Ramanathan Chettiar v Wong Ah Sam (1924) 4
FMSLR 229
Interference to fact

An appellate Court can only interfere if its shown that


the trial Judge below had erred in its application of law
or that he has misapprehended the facts.
Mahmood bin Kailan v Goh Seng Chuan [1976] 2
MLJ 239