NA-A52NCvC-80-07/2025
Sessions Court of Malaysia16 Jun 2026
The written judgment as the court issued it, with the coram, case number, and source links. Every paragraph has its own anchor.
Citations and treatment detected automatically from later judgments and the authorities this decision relies on.
Later cases and laws citing this decision
Not yet cited by a later decision.
Earlier cases and laws this decision relies on
“1. Section 28 of Courts of Judicature Act 1964 (Revised 1972) Act 91 (CJA) explicitly states:- 1) No appeal shall lie to the High Court in any of the following cases:”
Auto-detected from judgment text; not a substitute for a citator check.
Content
ALASAN PENGHAKIMAN NA-A52NCVC-80-07-2025 1 DALAM MAHKAMAH SESYEN DI SEREMBAN DALAM NEGERI SEMBILAN DARUL KHUSUS NO. KES: NA-A52NCVC-80-07/2025 ANTARA ROADSTONE RESOURCES SDN BHD [NO. PENDAFTARAN SYARIKAT: 1418129-P] …PLAINTIF DAN JEEWAH A/L MUNIANDY (NO. K/P: 850730-05-5451) [yang menjalankan perniagaan di atas nama dan gaya “JS PADU ENTERPRISE”] [No. Pendaftaran: NS0091841-X] …DEFENDAN ALASAN PENGHAKIMAN 28/07/2026 10:51:53 NA-A52NCvC-80-07/2025 Kand. 25
1
Section 28 of Courts of Judicature Act 1964 (Revised 1972) Act 91 (CJA) explicitly states:- 1) No appeal shall lie to the High Court in any of the following cases:
a
subject to any other written law, from a decision of a subordinate court in any civil cause or matter where the amount in dispute or the value of the subject matter is ten thousand ringgit or less except on a question of law;
b
where a subordinate court dismissed any application for a summary judgment;
c
where a subordinate court dismissed any application to strike out any writ or pleading; and
d
where a subordinate court allowed any application to set aside a judgment in default.
2
Despite of the above provision, Plaintiff’s learned counsel still opt to lodge an appeal to the High Court in respect of a non-appealable matter.
3
This court had on 16 June 2026 allowed a Notice of Application filed by the Defendant to set aside JID entered by the Plaintiff against the Defendant dated 18-11-2025.Obviously, that decision falls under limb (d) of section 28 (1) CJA i.e where a subordinate court allowed any application to set aside a judgment in default.Therefore, no appeal shall lie to the High Court. It was held by COURT OF APPEAL, PUTRAJAYA in Nor Hazliza Ismail & Anor v. Mohamed Yusoff Shaik Madar [2024] 4 CLJ 353 that: “[61] … According to Hashim Hamzah JCA, among others:
i
section 28(1)(a) to (d) of the CJA curtail the right of parties to appeal to the High Court (High Court's appellate civil jurisdiction) against decisions of "subordinate courts" (defined in s. 3 of the CJA) which involve the exercise of the original jurisdiction of the subordinate courts;
4
Since the matter appeal against is non-appealable as explicitly provided by statute and supported by a case law this court of a view that there is no necessity for it to provide a written Ground of Decision/Judgment at this juncture. ALASAN PENGHAKIMAN NA-A52NCVC-80-07-2025 4 Bertarikh 28 Julai 2026 (AMRAN BIN JANTAN) HAKIM MAHKAMAH SESYEN 4 SEREMBAN NEGERI SEMBILAN Peguam bagi pihak Perayu : Filzah Huda bint Rosli Tetuan Lope Maizura Peguam bagi pihak Responden : Thevanthiran a/l R Maniam
Wrong text, a broken link, out-of-date content, or a removal request — tell us and we'll check it against the official source.