LIM KIEN HUAT JIMILAH BINTI MANAP

LIM KIEN HUAT JIMILAH BINTI MANAP

Appeal dismissed because the Magistrate Court had already granted part of the relief on the Order 14 application thereby becoming functus officio and rendering the matter res judicata; the appellant had submitted to the Magistrate's jurisdiction by filing there and unreasonably delayed applying for transfer until after the Magistrate's decision; therefore the transfer application under Order 57 lacked merit and must fail, with costs awarded to the respondent.

Citation
BA-12A-59-09/2021 (Mahkamah Tinggi)
Parties
Perayu / Pemohon: Lim Kien Huat; Responden / Defendan: Jimilah Binti Manap
Court
High Court
Jurisdiction
Malaysia
Judgment Date
7 September 2022
Case Number
BA-12A-59-09/2021 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal (application to Transfer Proceedings Under Order 57 Rules of Court 2012) / Decision on Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Transfer of Proceedings, Jurisdiction, Res Judicata, Functus Officio, Specific Performance, Damages, Monetary Jurisdiction
Source Language
Malay/English
Civil Procedure Contract Property Transfer of Proceedings Jurisdiction Res Judicata Functus Officio Specific Performance +2 more

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Parties

Lim Kien Huat

Perayu / Pemohon

Jimilah Binti Manap

Responden / Defendan

Procedural Posture

Civil Appeal (application to Transfer Proceedings Under Order 57 Rules of Court 2012) / Decision on Appeal / Judgment

Legal Issues

  1. 1 Whether the High Court should exercise its discretion under Order 57 to transfer the magistrate action to the Sessions Court/High Court
  2. 2 Whether the Magistrate Court had already given judgment on part of the claim thereby becoming functus officio and creating res judicata preventing transfer after decision
  3. 3 Whether the plaintiff submitted to the jurisdiction of the Magistrate Court by filing there despite claim potentially exceeding monetary limit

Ratio Decidendi

Appeal dismissed because the Magistrate Court had already granted part of the relief on the Order 14 application thereby becoming functus officio and rendering the matter res judicata; the appellant had submitted to the Magistrate's jurisdiction by filing there and unreasonably delayed applying for transfer until after the Magistrate's decision; therefore the transfer application under Order 57 lacked merit and must fail, with costs awarded to the respondent.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs RM5,000.00 to Respondent