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...
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