JURISDICTION OF CIVIL

COURTS
Hierarchy of Courts

▪ Federal Court
▪ Court of Appeal
▪ High Court
▪ Sessions Court
▪ Magistrates Court
Court with special
jurisdictions
▪ The Special Court for Rulers
▪ Court for Children (previously known
as Juvenile Court)
▪ Military Courts
▪ Industrial Courts
▪ Native Courts
▪ Syariah Courts
 The essence of
jurisdiction
▪ Power of court
▪ Process of litigation
To ensure the case is filed at the appropriate
court and place. (forum of convenience)
■ Categories of jurisdiction:
a. pecuniary/monetary jurisdiction
b. jurisdiction over subject matter
c. local/territorial jurisdiction
Subordinate Court
(Magistrates’ Courts &
Sessions Courts)
▪ Subordinate Courts Act 1948 (SCA)
MAGISTRATE COURT
▪ S.90: 1st class magistrate:
-has jurisdiction to try all actions and suits of a civil
nature where the amount in dispute or value of the
subject matter does not exceed RM100,000

▪ S.92: 2nd class magistrates:

▪ shall only have jurisdiction to try original suits of a civil
nature to recover debt or liquidated demand in money
payable by the defendant, with or without interest not
exceeding RM10,000.
Jurisdictions of the Subordinate
Court

▪ SESSIONS COURT
▪ S.65(1)(a): unlimited monetary jurisdiction in respect of
motor accident case, land lord and tenant dispute and
Distress.
▪ S.65(1)(b):monetary jurisdiction up to RM1m.
▪ S.65 1(c ): specific performance, rescission of
contracts or for cancellation or rectification of
instruments. (within the jurisdiction of sessions court).
▪ S.65(5) A session court may in respect of any action or
suit within the jurisdiction of the Sessions Court, in any
proceedings before it-
▪ a . Grant an injunction
▪ b. make a declaration
Jurisdiction of Sessions
Court

Nevertheless subject to the

following:
a. agreement. S.65(3)(4)
SCA
b. plaintiff relinquish the
claim. S.67 SCA
c. plaintiff cannot split the
claim. S.68 SCA
Jurisdictions of the Subordinate
Court

▪ Counter claim
▪ S.66(1) SCA: Ss Ct may try the matter
even if counter claim exceeds the
plaintiff’s claim but the ss.ct will not give
relief exceeding that which the court has
jurisdiction.
▪ S.66(2) SCA: HC may order the matter to
be transferred to the HC (on the
application of any party.
Jurisdictions of the Subordinate
Court

▪ No jurisdiction on the following matters: S.69

SCA:
a. matters relating to immovable property
except as provided in sections 70 and 71
b. deleted
c. deleted
d.deleted
e. to enforce trust
Jurisdictions of the Subordinate
Court

f. for accounts
g. declaratory decrees except in making
declaration under S. 65(5)(b) and
interpleader proceeding under section 73.
h. issue or revocation of grant of
representation
i. legitimacy
j. guardianship/custody of infants except
if specifically provided in any written law
k. validity or dissolution of any marriage
Action concerning
immovable property
▪ General rule: Sessions Ct has no jurisdiction
except as provided in SS.70&71; S. 69(a) SCA
1948
▪ No dispute as to title; Sessions Ct has
jurisdiction to try any action for recovery of
immovable property. S.70(1)(2)
▪ Dispute of title – no jurisdiction –S.70(4)
▪ Dispute of title- has jurisdiction if both parties
consent. S.71.
Jurisdictions of the Subordinate
Court

▪ Territorial jurisdiction:S.99A (Third Schedule)

a. the cause of action arose or
b. the defendant resides or has his place of
business or
c. one of several defendants resides or has
his place of business or
d. the facts on which the proceedings are
based exist or alleged to have occurred or
e. in the interest of justice
conclusion
▪ An action should be commenced in a court
which has jurisdiction, otherwise it may be a
ground to strike out the action
▪ Defendant can raise preliminary objection that
the proceeding should be struck off for want of
jurisdiction
▪ At the early stage of proceedings plaintiff
should ensure that the case is filed at the
proper court, if realised the case was filed in
the wrong court, file an application to transfer.