Section 68(1)(a) of the Courts of Judicature Act, 1964 mandates that appeals regarding claims under RM250,000 require leave, determined at the time of claim filing.

[1] In this appeal three questions of law are posed before us as follows:

(1) What is the true meaning and effect of s 68(1)(a) of the Courts of Judicature Act, 1964 (Act 91) which provides that no appeal shall be brought to the Court of Appeal 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?

(2) Further and/or in the alternative at which point of time is the amount or value of the subject matter of the claim (exclusive of interest) to be determined for the purposes of Section 68 (1)(a) of the Courts of Judicature Act, 1964 (Act 91)?

(3) Further and/or in the alternative is the amount or value of the subject matter of the claim (exclusive of interest) to be determined by looking at the judgment in question as it affects the interests of the party who is prejudiced by it and who seeks to appeal?

[2] At the outset learned counsel for the appellant informed us that he was confining his appeal to questions (1) and (2).

Background

[3] This appeal arose from the decision of the Court of Appeal in allowing the preliminary objection raised by the respondent before it, when it held that the appellant's appeal was incompetent and thereby struck it out on the ground that the appellant had failed to obtain leave to the Court of Appeal, pursuant to s 68(1)(a) of the Courts of Judicature Act 1964 ('the Act'), as the value of the subject matter was allegedly less than RM250,000.

[4] Learned counsel for the appellant submitted that in order to be able to answer the questions posed, it is relevant to keep in mind s 67 of the Act which provides:

67 Jurisdiction to hear and determine civil appeals

(1) 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.

(2) The (Court of Appeal) shall have all the powers conferred by s 24A of the High Court under the provisions relating to references under order of the High Court.

[5] It was further submitted that s 68(1)(a) of the Act does not apply because the subject matter of the claim is for a declaration coupled with a claim for ancillary relief(s) and therefore no leave is required before an appeal could be brought to the Court of Appeal.

Section 68 (1)(a) of the Act provides:

(1) 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) ...;)

[6] Reference was made to the amended statement of claim of the appellant (see pp 108/137 of appeal record vol 2), in particular to para 17(1) where the appellant had claimed for a declaration that he is the beneficial owner of the half undivided share in Lot 1217, s 3, Town of Ayer Itam, North East District, Penang together with the house erected thereon, bearing postal address 513, Hill Railway Road, Penang ('the said property') previously belonging to the appellant's brother Bhagwan Singh s/o Sohan Singh since deceased ('late brother').

[7] It was the appellant's case that he had jointly purchased the said property with his late brother on 3 May 1963 from Lee Eng Hock & Company Ltd at a price of RM18,000. The appellant and