court of appeal

Question 1

introduction

Answer 1

Art 121(1B) FC
There shall be court known as Mahkamah Rayuan (Court of Appeal) having the following jurisdiction:
(a) Jurisdiction to determine appeals from decisions of a High Court or a judge thereof (except decisions of a Registrar)
(b) Such other jurisdiction as may be conferred by or under federal law

Question 2

case

Answer 2

Only has appellate jurisdiction – No original jurisdiction
Mah Siew Seng v Seema Dev. S/B [2014] 7 MLJ 372
Metramac Corporation v Fawziah Holdings [2006] 3 CLJ 177

Question 3

Constitution of CA under art 122A

Answer 3

The president of the CA
32 other judges

Question 4

s38(1) CJA

Answer 4

Proceeding in the CA shall be heard and disposed of by 3 judges or such greater uneven number of judges…

Question 5

s42

Answer 5

If any judge is unable to attend the proceeding due to illness or other cause, the hearing shall continue by the remaining judges, not being less than two.
S.42 CJA
In such cases, decision shall be made according to the opinion of majority – if no majority, the
8
case must be re-heard

Question 6

civil appeal important

Answer 6

s67 and 68 CJA

Question 7

s67

Answer 7

S.67 CJA: Court of Appeal may hear appeals from decisions made in High Court in the exercise of its:
-original jurisdiction
-appellate jurisdiction
BUT subject to restrictions in
s. 68 CJA

Question 8

meaning of s67

Answer 8

1. subordinate court appeal to high court
2. high court appeal to court of appeal

Question 9

s68 civil appeal

Answer 9

(a) Amount or value of the subject-matter of the claim is less than RM250K

(c) the judgment relates to costs only

Need leave from CA

Question 10

case s68(1)(a) CJA

Answer 10

Yai Yen Hon v Teng Ah Kok & Sim Huat Sdn. Bhd. [1997] 1 MLJ 136 (FC):
 (1). Section 68(1)(a) of the CJA used the phrase ‘amount or value of the subject matter of the claim’. The phrase must be read as a whole. Since the subject matter was the road accident and the claim was for an amount in excess of RM100,000 (as it was then in force), no leave is required. The amount awarded by the trial judge is not relevant;
 (2) The effect of s 68(1)(a) of CJA was that if the amount or value of the subject matter of the claim was RM100,000 or more, an appeal could be brought without leave. Leave is only required when the amount or value is less than RM100,000.

Question 11

s. 68(1) CJA: NO appeal

Answer 11

(b)Where the judgment/order is made by consent of parties
(d) Where the judgment is declared to be final by any written law.
See Koriah bt Sudar v
PentadbirTanah Kuala
Langat [2013] 3 MLJ 695

Question 12

Koriah bt. Sudar v Pentadbir Tanah Kuala Lumpur [2013]:

Answer 12

 Section 40 of Land Acquisition Act (LAA) provides that no appeal shall be made to a higher court on the court’s decision on the issue of compensation.
 Hence, by virtue of section 40 LAA and section 68(1)(d) of CJA, the appellant’s appeal on the issue of compensation was dismissed.

 CA held:
“We were also of the opinion that this appeal was not maintainable by reason of express provision in s. 68(1)(d) of the Courts of Judicature Act 1964 which provides as follows:
(d) where, by any written law for the being in force, the judgment or order of the High Court, is expressly declared to be final.”
“Section 40D of the Act and s 68(1)(d) CJA are very clear and we must give effect to the unambiguously expressed intent of these section.”
Koriah bt Sudar
16
11/15/2022

Question 13

civil appeal

Answer 13

s. 69(1) CJA – Appeal to CA is by way of re-hearing

s. 73 CJA – Appeal does not operate as a stay of execution
s. 69(1) CJA – Appeal to CA is by way of re-hearing
s. 71(1) CJA-CA may order a new trial

Question 14

Criminal Appeal: s. 50 CJA

Answer 14

s. 50(1): Court of Appeal
may hear criminal appeals from High Court (HC) in the exercise of its:

(a)Original jurisdiction
(b)Appellate or revisionary jurisdictions on matters decided by the Sessions Court

(2) Appeal against appellate jurisdiction of HC in respect of (D) of Magistrates court can only be done on question of law which has arisen in the course of the appeal, the determination of which affected the decision of the appeal.

Need leave from Court of Appeal

Question 15

meaning of s50(1)CJA

Answer 15

session court appeal to high court
high court appeal to court of appeal

Question 16

meaning of s50(2) CJA

Answer 16

However, if the case begins in the Magistrates Court and then appealed to the High Court, it can only be further appealed to the Court of Appeal on QUESTIONS OF LAW and with leave of the Court of Appeal.

case:

Nor Azman Bin Ghadzali v Pendakwa Raya [2013] 1 MLJ 486

Question 17

s50(4) CJA

Answer 17

Appeal may lie on:
1. question of Fact
Q that must be answered by referring to facts

2.Question of Law
Q that must be answered by referring/applying law or legal principles

3. both

Question 18

appeal procedure

Answer 18

Sections 51, 52, 53, 54, 55, 56 CJA.

Question 19

other provisions

Answer 19

❶ s. 56A – where appeal is made against an acquittal, Court of Appeal may issue a warrant directing the accused to be arrested and brought before it and he may be remanded in prison pending the disposal of the appeal.
❷s. 57(1) – appeal not to operate as a stay of execution but any judgment, order, sentenced may be stayed as the
Court deems reasonable.

Question 20

powers of COA

Answer 20

S. 60(1): At the appeal, after hearing submissions from both parties, CA may: -reverse
-vary
-confirm
-Order a new trial
-Remit the case to trial court with its opinion

Question 21

definition of reverse

Answer 21

Reverse: To overthrow, invalidate, repeal, or revoke. For example, an appeals court reverses the
judgment, decree, or sentence of a lower court either by substituting its own decision or by returning the case to the lower court with instructions
for a new trial.

Question 22

case of powers pf COA

Answer 22

NG HOO KUI & ANOR v. WENDY TAN LEE PENG & ORS [2020] 6 MLRA 193

For example, in Yahya Husseion Mohsen Abdulrab v Public Prosecutor [2020] MLJU 1372, the Court of Appeal remit the case to the High Court for a re-trial before another High Court judge.

Question 23

additional evidence

Answer 23

s61

In dealing with criminal appeal, the CA may accept additional evidence if necessary.

Question 24

case s61

Answer 24

Mohamed Jamil Bin Chen Din & 863 (CA)
Anor -
v PP [2013]MLJU

 R v Parks laid down 4 basic principles on the taking of additional evidence, namely as stated in the judgement as follows:

Those principles can be summarized in this way. First, the evidence that it is sought to call must be evidence which was not available at the trial. Secondly, and this goes without saying, it must be evidence relevant to the issues. Thirdly, it must be evidence which is credible evidence in the sense that it is well capable of belief; it is not for this court to decide whether it is to be believed or not, but it must be evidence which is capable of belief. Fourthly, the court will after considering that evidence go on to consider whether there might have been a reasonable doubt in the minds of the jury as to the guilt of the appellant if that evidence had been given together with the other evidence at the trial.”

Question 25

famous case of COA

Answer 25

Dato’ Sri Mohd Najib bin Hj Abd Razak v Public Prosecutor and other appeals (No 3) [2022] 5 MLJ 143 (FC)