1. The document discusses the jurisdiction of various Malaysian civil courts, from the Magistrate Court up to the High Court. It outlines the monetary limits, subject matter limits, territorial limits, and appellate/revisionary jurisdiction of each court. 2. The High Court has unlimited original jurisdiction but is generally limited to cases exceeding RM1 million in value. It has appellate jurisdiction over subordinate courts and revisionary/referral jurisdiction to examine lower court decisions. 3. When determining the appropriate court, one must consider the monetary value of the claim, the subject matter, and whether the cause of action arose within the court's territorial limits based on the parties' location.

1. 1
Bidangkuasa Mahkamah2 Sivil di Malaysia
STEPS NAK IDENTIFY SUITABLE COURT
abolished by the 2010
amendment
Subordinate
Subordinate
Superior
Superior
Superior Federal Court
Court of Appeal
High Court
Session Cpourt
Magistrate Court
Penghulu Court
rationale for having
judicial hierarchy
To ensure certainty and
consistency of law by adopting
the doctrine of stare decisis
To provide a right of
appeal to the
unsuccessful litigants:
Specialisation and
efficient distribution of
workloads
identify monetary and
subject matter limit dulu
untuk tentukan level
court mana yang patut
pergi
identify court negeri
mana yang paling
sesuai - ni territorial
limits
in certain cases, kena
consider forum
convenience - saksi
banyak kat mana etc

2. 2
I. MAGISTRATE COURT
A. ESTABLISHMENT
1. Established under s 76 SCA 1948.
B. JURISDCITION BASED ON LEVEL OF MAGISTRATE
1. who are they?
2. Who appoint them?
Composition
1st class magistrate
s. 78 A- a
member of
judicial and legal
service
2nd class magistrare
usually public
servant or court
officers involved
in admin
placed in remote
placsed where there
is no 1st class
magistrate
only perform minor
function (bail,
mentioning case
Appointment
1st class
federal territory
s. 78 (a) by YDPA
recommended by CJ
states
78 (b)- by state authority
recommended by CJ
2nd class
federal territory
s. 79 (1) -
by YDPA
states
s. 79 (2) - by
state authority

3. 3
C. ORIGINAL JURISDICTION
1. Power to hear the case for the first time
2. To determine which court has jurisdiction, consider 3 elements:
1st
class 2nd
class
Monetary
limits
s. 90 SCA
all actions where the
amount in dispute is not
more than RM100k
s. 92 SCA
debt or liquidated demand not more than RM10k
However, if the amount claimed is less than RM5K, one
may file the claim in the Small Claims Division of the MC
Subject-
matter
limits
s. 90 -
All actions yg x exceed 100
k
s.92 -
recovery of debt or liquidated demand
Territorial
limits
s.76(1)&(2):
- MC shall have jurisdiction to hear civil or criminal matters arising within the local
limits assigned to it under this section, or, if no such provision, refer to local
jurisdiction of High Court
- note : Since no local limits have been assigned by the YDPA, the Subordinate courts
in Malaya will have jurisdiction to hear cases arising in Malaya and the subordinate
courts in Sabah and Sarawak will have local jurisdiction to hear cases arising in Sabah
and Sarawak subject however to powers of the court to stay proceedings under 3rd
Schedule of SCA (para 2).
s. 99A
- further powers of MC – refer to para 2 of 3rd Schedule
Subordinate courts (apply utk SC jugak) shall have power to stay proceedings unless
they have been instituted in the district in which:
(a) the cause of action arose;
(b) the defendant resides or has his place of business;
(c) one of several defendants resides or has his place of business;

4. 4
(d) the facts on which the proceedings are based exist or are alleged to have
occurred; or
(e) it is desirable in the interests of justice that the proceedings should be had.
D. OTHER JURISDICTION
1 MC may conduct inquests or inquiries of death CPC
2 jurisdiction to 1st class MC to hear application for probate where
values of the estate is less than RM25K
Probate &
Administration Act1959
3 allows MC & SC to hear application for maintenance Married Woman
II. SESSIONS COURTS
A. ESTABLISHMENT
1. Established under s. 59 SCA;
2. Proceedings are heard and disposed of by a Session Court judge sitting alone;
B. ORIGINAL JURISDICTION - SCA
Monetary
limits
65(1)(a) Has unlimited monetary jurisdiction for motor vehicle accidents; landlord
and tenant and distress suits
65(1)(b) Can hear matters where the amt in dispute does NOT exceed 1M
65(3)
*excep
65(1)(b)
SC shall have jurisdiction to hear the claim when the amount of the
subject matter exceeds its jurisdiction if the parties enter into an
agreement in writing consenting to the jurisdiction of SC
s.65(4 Such agreement must be filed in the SC
66(1)
*excep
jugak
 If there is a counterclaim filed by the D which exceeds the monetary
jurisdiction of the SC, the SC may still hear the P’s claim and the
counterclaim;

5. 5
 However, the SC may not award relief exceeding that which the SC
has jurisdiction to award to the D on the counterclaim.
66(2) In such a case, any party may apply to the HC for an order that the action
be transferred to the HC.
Subject-
matter
limits
65(1) (c) jurisdiction to try all actions and suits of a civil nature for :
 specific performance or
 rescission of contracts or
 for cancellation or
 rectification of instruments
within the jurisdiction of the Sessions Court
69(a) SC has NO jurisdiction on suits concerning immovable property, except
as provided in s. 70 and 71
70
*excep
SC may hear suits on the recovery of immovable property, which includes
claims for rent, mesne profits or damages
71
*excep
NO jurisdiction if the claim involves a bona fide question of title unless
the parties consent to try the claim in SC
Other
exceps
 to enforce trust;
 for accounts;
 for declaratory decrees…;
 for the issue of revocation of grants of representation of the estates
for deceased persons or the
 administration or distribution thereof;
 wherein the legitimacy of any person is on question;
 the guardianship or custody of infants;
 the validity or dissolution of any marriage
Territorial
jurisdiction
59  confers the YDPA power to assign local limits of jurisdiction or if no
such limits have been assigned, the subordinate courts shall have
jurisdiction to hear civil or criminal matter arising in any part of the
jurisdiction of the HC;

6. 6
 Since no local limits have been assigned by the YDPA, the
Subordinate courts in Malaya will have jurisdiction to hear cases
arising in Malaya and the subordinate courts in Sabah and Sarawak
will have local jurisdiction to hear cases arising in Sabah and Sarawak
subject however to powers of the court to stay proceedings under
3rd Schedule of SCA (para 2).
1. Cases that apply s. 70 and 71
Heng Yeow Hua
v
Tan Yew Lai &
Sons S/B [1982]
Session Court can hear and determine any action or suit for recovery of
immovable property so long as the title to the property is not in issue.
Wawasan
Cempaka Sdn.
Bhd. V Bank
Islam Malaysia
Berhad [1996]
 a SC shall have jurisdiction to try any action for the recovery of immovable
property regardless of the value of the property;
 the only restriction is sub(4) which provides that such jurisdiction shall not
be exercised where the Court thinks that there is a bona fide question of
title involved
67 Relinquishing part of claim
If the P’s claim exceeds the jurisdiction of the SC, the P may relinquish part of his claim so as
to bring the matter within the jurisdiction of the SC;
However, the P cannot, later sue in respect of the relinquished part.
68 Splitting claims
P cannot split his claims to bring more than one action in respect of the same cause of action
against the same party

7. 7
C. SUPERVISORY JURISDICTION
1. What can the HC do?
a) section 33 of the Courts of Judicature Act :–
HC may give such orders thereon, either by directing a new trial or otherwise,
as seems necessary to secure that substantial justice is done.”
III. HIGH COURT
A. ESTABLISHMENT – ART 121(1) FC
1. under Per 121(1) Perlembagaan di mana terdapat 2 Mahkamah Tinggi yang
selaras bidangkuasanya iaitu:
a) Satu di Negeri2 Tanah Melayu – Mahkamah Tinggi Malaya
b) Di negeri2 Sabah dan Sarawak.
122 AA(1)
FC
 Setiap MT hendaklah terdiri drpd. seorang Hakim Besar (Chief Judge); dan
 Prosiding di MT didengari dan diputuskan oleh seorang hakim sahaja.
s. 54
SC may call and examine records of
civil proceedings of a MC to check
on correctness, legality or
proprietary of decision passed; and
If SC judge finds evidence of
irregularity, he shall forward
the record with his remarks
to the HC

8. 8
B. JURISDICTION BASED ON DIVISION IN HC MALAYA KL
1. fungsi : dispense justice in a more timely and effective manne4r.
C. ASAL (ORIGINAL) JURISDICTION
Generally, Hak untuk mendengar sesuatu kes untuk pertama kali
• This division hears cases in the exercise of its appellate or revisionary
jurisdiction on any criminal matter from the subordinate courts;
Criminal Division
• This division hears civil cases inclusive of actions on foreclosure, tort and
contracts for services;
Civil Division
• This division hears commercial cases inclusive of admiralty, insurance,
companies winding-up, agency, banking, intellectual property and
Specific Relief Act cases;
Commercial
Division
• This division hears appeals from the subordinate courts, cases under the
Legal Profession Act 1976 [Act 166] and judicial review of administrative
actions and under specific Acts; and
Appellate and
Special Powers
Division
• This division hears matrimonial cases under the Law Reform (Marriage
and Divorce) Act 1976 [Act 164]. Formerly, part of the Civil Division.
Family Division

9. 9
Monetary
limits
Generally x de batas tapi MT selalunya membicarakan kes2 yang diluar bidangkuasa
Mahkamah Rendah i.e. Di mana jumlah tuntutan melebihi RM1 juta
Subject-
matter limits
MT boleh mendengar kesemua perkara – Pengecualian:
Art 128 (1) FC:
(i) Perkara yang berkaitan dengan kesahan undang-undang yg diluluskan oleh
Parlimen atau Dewan Undangan Negeri;
(ii) Perbalahan antara kerajaan persekutuan dan kerajaan negeri.
s. 24 CJA – bidangkuasa khusus/spesifik MT dalam perkara2:
(a). Hal2 perkahwinan dan perceraian orang bukan Islam;
(b). Admiralty;
(c). Kebankrapan;
(d). Melantik penjaga kanak-kanak (e.g. Shahamin Faizal Kung v. Asma);
(e). Melantik atau mengawal pengawal kanak2 dan penjaga diri dan harta bagi
orang gila etc;
(f). Probet wasiat dan surat tadbir pusaka.
24A - HC may refer any question arising in any cause or matter other than a
criminal proceeding by the prosecutor, for inquiry or report to any special referee
25 CJA : bidangkuasa tambahan MT :
1. Prerogative writs e.g. Habeas corpus;
2. Disress for rent;
3. partition of land;
4. Sale of land;
5. Interpleader.
Territorial
limits
23 (1) - Beri bidangkuasa ikut:

10. 10
RHB Bank
Berhad v
Kawood
Sdn. Bhd.
If an action is filed in the branch of HC in the state where none of the conditions in
s. 23 CJA is satisfied, then either party or the court may on its own motion transfer
the case to a branch of HC which is the proper and convenient forum.
D. RAYUAN (APPELLATE) JURISDICTION
s. 27 HC may hear civil appeals from Subordinate courts.
s. 28 (1) To appeal, the amount in dispute or value of subject-matter must be more than
RM10K, unless on a question of law.
(2) Any appeal shall lie from the decision in any proceedings relating to maintenance of
wives and children irrespective of the amount involved.
Lein Tiam Hock v
Arumugam
P was awarded RM9000 by the Sessions Court for his claim of
RM27,000. Since the amount awarded is not more than RM10,000
such an appeal is not allowed under s. 27.
s. 29 All appeals shall be by way of re-hearing.
(a). Dimana kausa tindakan
timbul
(where cause of action arises);
(b) dimana Defendan atau salah
seorang Defendan bermastautin
atau mempunyai tempat
berniaga
(where D or one of several
Defendants resides or has his place
of business.)
(c). Fakta dimana prosiding
diasaskan atau dikatakan telah
berlaku
(the facts on which the
proceedings are based exist or are
alleged to have occurred); dan
(d). Dimana tanah yang menjadi
pertikaian berada
(any land the ownership of which
is disputed is situated).

11. 11
E. SEMAKAN (REVISIONARY) DAN RUJUKAN (REFERRAL) JURISDICTION
1. Revision means re-examination or careful reading over for correction or
improvement
IV. BIDANGKUASA MENGIKUT KAWASAN ATAU WILAYAH /FORUM
CONVENIENCE
Sogelease
Advance
(Malaysia)
Sdn Bhd v
Kemajuan
Tat Yong
Sdn Bhd &
4 Ors
 A hire purchase agreement was executed by the parties in KL but the
defendants were residing and carrying on business in Arawak.
 The issue was whether High Court of Malaya or HC of Sabah and Sarawak has
jurisdiction. The court stated that the civil jurisdiction of the HC Malaya and
HC Sabah and Sarawak is governed by sec 23(1) of CJA and the representative
HV would have the jurisdiction to try an action, if circumstances mentioned in
paragraph (a), (b), (c) and (d) if sec 23 CJA , falls within its local jurisdiction.

12. 12
Sova Sdn
Bhd v Kasih
Sayang
Realty Sdn
Bhd
 The 2 respective High Courts have many branches.
 Thus, a judge sitting in the High Court of Malaya at KL has the same power
and right to try a matter or cause arising from the subordinate courts.
 The subordinate courts have the restriction of local limits of jurisdiction
assigned to them.
 When a cause or matter arises outside its local limits, then it has no
jurisdiction to hear the substantive matter.
Mode of Beginning
OS Writ
Features  Fast, Cheap and Simple
 No pleadings
 Parties stated their cases in
affidavit
 Hearing is normally in
Chambers or open court
 Expensive (sbb kena bayar setiap kali
file pleading and ken bayar bila kena
panggil saksi)
 Time Consuming
 Requires Pleadings
 Often involves Interlocutory
Proceedings and preparation of
affidavit to support application
Proceedings
must be
begun by
O.5.r 3
All proceedings at the High Court
must be begun by OS unless there
is specific rules or any written law
that say otherwise.
O5 rule 2
 Bila ada substantial dispute
mode
writ os originating motion petition

13. 13
Mana2 pon boleh ; O.5 r 4
 bila x de substantial issue
 If the rules or the written law did not specify the mode of commencement
to begin a case by way of writ or OS, then the action could be begun by writ
or OS
 The plaintiff has a choice to begin the case by writ or OS as the plaintiff
considers appropriate.