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
Actually, The Late Prof Rasyad Was Murdered. He Did Not Die From Heart Attack. I Will Not Elaborate Why I Say This, He Was Murdered Because He Know Something He Wasnt Supposed To Know
Horace Butler v. James Aiken, Warden, Central Correctional Institute, Travis Medlock, Attorney General, State of South Carolina, 864 F.2d 24, 4th Cir. (1988)