JUDGMENT

Hashim Yusoff FCJ:

(1) In this appeal three questions of law are posed before us as follows:

(1) What is the true meaning and effect of Section 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 preli