2011 MarsdenLR 3710 ; 2011 MarsdenLR 1

ALAUDDIN MOHD SHERIFF, HASHIM YUSOFF, RAUS SHARIF
HARCHARAN SINGH SOHAN SINGH – Appellant
Versus
RANJIT KAUR S GEAN SINGH – Respondent

The Courts of Judicature Act, 1964, Section 68(1)(a) applies to appeals valuing less than RM250,000, requiring leave for valid appeals, with subject value assessed at the claim's filing time.

Headnote:(A) Courts of Judicature Act, 1964 - Section 68(1)(a) - Appeal considerations - The court addressed the interpretation of Section 68(1)(a) regarding appeal eligibility based on the claim's subject value being less than RM250,000, requiring court leave for appeals. (Paras 1, 12, 20)

(B) Value determination - The court found the subject matter's value is determined at the time of filing the claim, not the judgment amount. (Paras 13, 21)

Facts of the case:
The appellant challenged the Court of Appeal's dismissal of his appeal due to the claim's value allegedly being less than RM250,000. The dispute centered on property jointly owned with the appellant's deceased brother, with a claimed value of RM248,500. (Paras 3, 4, 10)

Findings of Court:
The court concurred with concurrent findings regarding the property’s accurate valuation, refuting claims that Section 68(1)(a) was irrelevant to declaration claims involving a quantifiable value. (Paras 12, 18, 19)

Issues: The determination of the appeal eligibility under Section 68(1)(a) concerning the claim's subject value. (Paras 1, 11)

Ratio Decidendi: The court confirmed the applicability of Section 68(1)(a) concerning claims valued below RM250,000 and emphasized that the subject's value should be assessed at the time the claim is filed. (Paras 20, 21)

Result: Appeal dismissed with costs.