Another victory at the Court of Appeal

Another victory at the Court of Appeal. Our opponents raised an objection that our client’s appeal is incompetent as it did not comply with Section 68(1)(A)of the Courts Of Judicature Act,1964. The judgment sum adjudged or pronounced by the sessions court was only RM 114,465.29. With that, an objection was raised by our opponents that it is less than RM 250,000.00 and therefore leave of the Court of Appeal should have been obtained prior to the filing of the appeal in the Court of Appeal pursuant to S.68(1)(a) of the CJA. I submitted that leave is not required. our client’s appeal was brought to the court of appeal on a subject-matter valued at RM 1,549,264.98. The Court of Appeal agreed with our submissions that the determinant under Section 68(1)(a) of the CJA on whether leave is required, is the amount or value of the subject matter and not the judgment sum adjudged. The Court of Appeal ruled that leave is not required in our client’s appeal and dismissed the objection raised by our opponents. Now we can proceed to fix a date for the hearing of the appeal proper.