Edgar Joseph Jr FCJ:

[1] This was a defendant's application for leave to appeal to this Court, following the refusal of the Court of Appeal to grant leave to apeal under s 68(1)(a), Courts of Judicature Act 1964 ('the Act') from the decision of the High Court, Ipoh, given in favour of the plaintiffs in a running down case where the decretal sum amounted to less than RM250,000.

[2] At the outset, Counsel for the respondents raised the preliminary objection that no appeal lay to this Court from such a refusal of the Court of Appeal.

[4] However, by s 68(1)(a) of the Act, a fetter is imposed on the right to bring such appeals where the value of the subject matter is less than RM250,000 for it provides that:

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.

[5] So far as the Federal Court, wh