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Section 29

Appeal

of Small Estates (Distribution) Act 1955

ActIn forceProvision 42 of 52
Section 29

(1)

Subject to the other provisions of this Act and to subsection (5), any person aggrieved by any order, decision or act made or done by a Estate Distribution Officer under this Act may appeal to the High Court within thirty days from the date the order, decision or act is made or done:

Provided that no appeal shall lie from any such order, decision or act so far as the same is based on and in accordance with a decision of the Ruler or of any other person or body in respect of a reference under paragraph 19(1)(a) or in accordance with the opinion of the

High Court in respect of a reference under paragraph 19(1)(b):

Provided further that in the State of Terengganu when the appeal is in respect of any decision of the Estate Distribution

Officer in relation to an interest claimed under the Settlement

Enactment [Tr. 65 of 1356], the appeal shall lie to the Land Court constituted under that Enactment.

(2)

For the purposes of subsection (1), the procedure in relation to such appeal shall be subject to the rules of court applicable in the

High Court.

Small Estates (Distribution) 39

(3)

If any doubt or difficulty shall arise on any point of procedure in any such appeal, any party may apply in writing to the Registrar at the registry in which the appeal is pending or intended to be filed and the Registrar shall give such directions as may be necessary.

(4)

The decision of the High Court upon any such appeal shall be final, and shall not be subject to any further appeal.

(5)

Decisions of the Native Court in Sabah shall be subject to appeal and revision as provided in the constitution of that Court.