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HIGH COURT MALAYA KUALA LUMPUR
KERAJAAN MALAYSIA – Appellant
Versus
MOHD SAZALI SALAMAT & ANOR – Respondent
| Table of Content |
|---|
| 1. dismissal of appeal with costs. (Para 1 , 6) |
| 2. question of law must be framed for appeal. (Para 2 , 5 , 11 , 41 , 49) |
| 3. analysis of the relevant sections of cja. (Para 3 , 4 , 13 , 14 , 15 , 35 , 36 , 38 , 40) |
| 4. factual background of the case. (Para 8 , 9 , 10 , 12 , 22) |
| 5. interpretation of amount in dispute under cja. (Para 19 , 25 , 27 , 33 , 34) |
Introduction
[1] I have on 12 June 2023 dismissed the appeal before me. The appellant/ plaintiff has now obtained leave to appeal to the Court of Appeal on 1 November 2023 and filed the appeal on 28 November 2023.
[2] The sole but important issue argued before me was whether the phrase "where the amount in dispute or the value of the subject-matter" in s 28(1) of the Courts of Judicature Act 1964 ["CJA"] refers to the judgment sum of the subordinate Court or the sum claimed by a plaintiff or the combined sum of a claim and a counterclaim. These are my Grounds of Decision.
[3] To date, according to counsel there are no written decisions by the Court of Appeal on the meaning of the phrase "where the amount in dispute or the value of the subject-matter" in s 28(1) of the CJA.
[4] The appeal [Enclosure 1] is a
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