Malaysia Case Law: Decisions & Judgments | LexChat

Topic

Scope of appeal

Legal area

Court

12 Dec 2025

1. ) DEVAN A/L KENKARGARO 2. ) SARATHA A/P KENKARGARO 1. ) MOHAMMAD NASHAFIQ BIN NASARUDIN 2. ) HARIZAN BIN ROSLAN 3. ) JSW TRANSPORT AGENCY

Citation

JA-12B-38-06/2025 (Mahkamah Tinggi)
Court

High Court
Case number

JA-12B-38-06/2025 (Mahkamah Tinggi)

A notice of cross-appeal that seeks to challenge substantive findings not opened by the appellant's appeal is legally incompetent and constitutes abuse of process; such a cross-appeal is struck out under Order 18 Rule 19(1)(d) (and also attracts limbs (a)-(c)), rendering any extension of time application academic. Costs awarded in cause.
19 Feb 2020

YAHYA HUSSEIN MOHSEN ABDULRAB

Citation

S-05-12-01/2015 (Mahkamah Rayuan)
Court

Court of Appeal
Case number

S-05-12-01/2015 (Mahkamah Rayuan)

The Court quashed the conviction and set aside the sentence because the trial counsel's overall conduct was flagrantly incompetent — failing to raise, pursue and corroborate the appellant's central defence (that a third party provided the briefcase and the appellant lacked knowledge), thereby depriving the appellant of a fair trial and causing a miscarriage of justice; the appropriate remedy is a retrial before a different High Court Judge rather than an acquittal.