The purpose of this article is to provide a brief overview of the Malaysian Court System. Whilst its intention is to familiarize readers with the function of the Malaysian courts, it is no substitute for professional legal advice which you should obtain whenever you are involved with the courts. Such advice can be obtained from the numerous legal firms in the country or from the various Legal Aid Centers.
MAGISTRATES COURT
The Magistrates Courts deal with the vast majority of cases, both civil and criminal, and sit in almost all major towns in Malaysia.
A Magistrates Court may hear a civil case when the amount in dispute does not exceed RM25,000.00.
Where the amount claimed does not exceed RM5,000.00 you may wish to file your claim in the “small claims” division of the Magistrates Court. If you do so however, you must be prepared to conduct the case yourself, as legal representation is not permitted.
A Magistrates Court may hear criminal matters of the following nature:-
- where the offence is punishable by a fine only – this would cover the majority of traffic offences.
- where the offence provides for a term of imprisonment not exceeding ten years. A Magistrate may not, however, impose a term of imprisonment exceeding five years.
SESSIONS COURT
A Sessions Court may hear any civil matter involving motor vehicle accidents, disputes between landlord and tenant, and distress actions. The Sessions Court may also hear other matters where the amount in dispute does not exceed RM250,000.00.
A Sessions Court has jurisdiction to try all criminal offences EXCEPT those punishable by death.
HIGH COURT
The High Court has jurisdiction to try all civil matters but generally confines itself to matters on which the Magistrates and Sessions Courts have no jurisdiction. These include matters relating to divorce and matrimonial cases, appointment of guardians of infants, the granting of probate of wills and testaments and letters of administration of the estate of deceased persons, bankruptcy, and other civil claims where the amount in dispute exceeds RM250,000.00.
The High Court may hear all matters but generally confines itself to offences on which the Magistrates and Sessions Courts have no jurisdiction, for instance, offences which carry the death penalty.
C) APPELLATE JURISDICTION
The High Court may hear appeals form the Magistrates and Sessions Courts in both civil and criminal matters.
COURT OF APPEAL
The Court of Appeal hears appeals from the High Court relating to both civil and criminal matters.
FEDERAL COURT
The Federal Court is the highest court in Malaysia and hears appeals from the Court of Appeal.
The Court of Appeal hears appeals from the High Court relating to both civil and criminal matters. The Federal Court is the highest court in Malaysia and hears appeals from the Court of Appeal.
