COURT OF APPEAL

3. COURT OF APPEAL


3.1 Constitution
It was established on 23rd June 1994 following a reorganization of the superior courts.
The provision of COA is under article 121(1B) of the Federal Constitution. It is bound by the Federal Court decisions and its decision bind on all lower courts including High Courts. COA only has appellate jurisdiction in both civil and criminal matters and not has original jurisdiction.

3.2 Jurisdiction
The Court of Appeal shall have jurisdiction to hear and determine appeals from any judgment or order of any High Court in any civil cause or matter, whether made in the exercise of its original or of its appellate jurisdiction, subject nevertheless to this or any other written law regulating the terms and conditions upon which such appeals shall be brought. (Section 87 (1) CJA 1964)

However, no appeal shall be brought to the Court of Appeal in any of the following cases:
(a) when the amount or value of the subject-matter of the claim (exclusive of interest) is less than two hundred and fifty thousand ringgit*, except with the leave of the Court of Appeal;
(b) where the judgment or order is made by consent of parties;
(c) where the judgment or order relates to costs only which by law are left to the discretion of the Court, except with the leave of the Court of Appeal; and
(d) where, by any written law for the time being in force, the judgment or order of the High Court, is expressly declared to be final. (Section 68 (1) CJA)

Section 68 (3) CJA provides that no appeal shall lie from a decision of a Judge in Chambers in a summary way on an inter-pleader summons, where the facts are not in dispute, except by leave of the Court of Appeal, but an appeal shall lie from a judgment given in court on the trial of an inter-pleader issue.

Section 69 (1) CJA provides that appeals to the Court of Appeal shall be by way of rehearing. The Court of Appeal shall have power to order that a new trial be had of any cause or matter tried by the High Court in the exercise of its original or appellate jurisdiction. (Section 71)

In Criminal matters section 50(1) provides that the Court of Appeal shall have jurisdiction to hear and determine any appeal against any decision made by the High Court
(a) in the exercise of its original jurisdiction; and
(b) in the exercise of its appellate or revisionary jurisdiction in respect of any criminal matter decided by the Sessions Court.


COURT OF APPEAL COURT OF APPEAL Reviewed by Kamaruddin Mahmood on 9:27:00 PTG Rating: 5

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