Sabah

In 1963, which when Malaysia was formed, Sabah applies English law which are the
Application of Laws Ordinance 1951

Section 3(1) provides that the courts in Malaysia shall apply the common law as well
as rules of equity existing in England in the absence of written law on 1st December
1951 in Sabah

The condition for the application of English law in Malaysia is suitability to the local
circumstances. English law is applicable to the extent permitted by local
circumstances and inhabitants, subject to qualification necessitated by local
circumstances. This can be seen in the case UMBC Vs Syarikat Batu Sinar where
the court held that the English law that would like to be applied in Malaysia must be
suitable with the local circumstance or local inhabitants. The judge also added that
we would develop our own common law by directing our mind to the local
circumstance and local inhabitants.

Section 6

Section 6 expressly excluded the application in Malaysia of the English law

concerning land tenure. This section was enacted because it intended to prevent the
wholesale application of English law under section 3 (1) to land matter in Malaysia
since there already local legislation concerning land matters.