Small Estates (Distribution) Act 1955 · Updated to 15 Jul 2024 · Part V · Miscellaneous
29. Appeal
Feedback & supportSubject 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:
Estate Distribution Officer
“Estate Distribution Officer” means an officer appointed under section 2C;
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):
High Court
“High Court” means the High Court in Malaya or the High Court in Sabah and Sarawak, as the case may require;
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.
Enactment
“Enactment” means the Customary Tenure Enactment of Negeri Sembilan and “tribe” means one of the tribes specified in Schedule B to the Enactment. (2) This Part shall be read with the Enactment and words defined therein shall have the same meanings in this Act. (3) In the event of any conflict between this Act and the Enactment, the provisions of the Enactment shall prevail. (4) For the purpose of this Part, the estate shall not include such part of the estate as is “customary estate” within the meaning of the Enactment. All tribal estates to be “small”
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.
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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.
Registrar
“Registrar” means the Registrar of the High Court and includes a Deputy Registrar, a Senior Assistant Registrar and an Assistant Registrar of the High Court;
The decision of the High Court upon any such appeal shall be final, and shall not be subject to any further appeal.
Decisions of the Native Court in Sabah shall be subject to appeal and revision as provided in the constitution of that Court.