3 Jurisdiction

s.90 SCA

monetary jurisdiction: Mag (max 100k)

s.65 SCA

monetary jurisdiction: Sesh

• motor vehicles, landlord & tenants: unlimited (not exclusive)

• any other: max RM1mil

s.69 SCA

Sesh: exclusion to jurisdiction

1. immovable property

2. enforce trusts

3. legitimacy issues

4. divorce

s.70

Sesh court’s power to hear cases involving recovery of land, so long as the title is not disputed.

s.71

Sesh court’s jurisdiction by consent of parties

Yee Tech Fah

Sesh court enjoys concurrent and co-ordinate jurisdiction of e/o

Taman Rimba

Sesh court do not enjoy concurrent and co-ordinate territorial jurisdiction of each other

s.23 CJA

HC: jurisdiction

• 4 limbs

23(a) CJA

Distillers v Thompson: where the cause of action arises

The Al Wahab

forum conveniens

Hap Seng Plantations

O57: hc power to transfer only confined to transferring within either Malaya or S&S

Goodness for Import and Export v Philip Morris

s.23(1)(b): extra-territorial jurisdiction to the HC where foreigners are sued as co-D with local residents
- O11 r4 becomes mere procedural once s.23 is triggered

Tan Loon Swan

choice of law clauses dont oust the jurisdiction of the courts

Golden Plus

23(b): where parties resides/business