Monday, May 19, 2014

Do Magistrates' Court have jurisdiction to grant specific performance or injunction?

At first, the monetary jurisdiction of the Magistrates Court in civil matter is at or below RM 100,000 of the amount in dispute or the value of the subject matter . If the amount in dispute is over RM 100,000 then it falls within the Sessions Court jurisdiction. It is provided in section 90 of the Subordinate Courts Act. 


Section 90. Civil jurisdiction of First Class Magistrate.

Subject to the limitations contained in this Act, a First Class Magistrate shall have jurisdiction to try all actions and suits of a civil nature where the amount in dispute or value of the subject matter does not exceed one hundred thousand ringgit.

To determine the Magistrates' Court jurisdiction in granting equitable relief such as injunction or specific performance, it should start with section 93 of the SCA.



Section 93. Provisions of Act relating to Sessions Courts applicable to Magistrates' Courts.

(1) Subsections 65(3) and (4) and of sections 66 to 70 and 72 to 74 shall apply mutatis mutandis to Magistrates' Courts.

From above, it can be seen that certain provisions apply to Sessions Courts will also be applied to Magistrates Court. 


Now, I will list the power granted to the Sessions Court to grant several equitable relief in SCA.

Sessions Court's power to grant specific performance. 



Section 65. Civil jurisdiction of Sessions Courts.

(1) Subject to the limitations contained in this Act, a Sessions Court shall have—
    (c) without prejudice to the generality of paragraph (b), jurisdiction to try all actions and suits of a civil nature for the specific performance or rescission of contracts or for cancellation or rectification of instruments, within the jurisdiction of the Sessions Court.
Sessions Court's power to grant injunction.

Section 65. Civil jurisdiction of Sessions Courts.


(5) A Sessions Court may, in respect of any action or suit within the jurisdiction of the Sessions Court, in any proceedings before it—

         (a) grant an injunction; and

         (b) make a declaration,

whether or not any other relief, redress or remedy is or could be claimed
.


From above, it can be seen that both section 65(1) and section 65(5) 
of the SCA which confer jurisdiction on the Sessions Courts to grant specific performance and injunction cannot be applied to Magistrates' Court because it did not include in section 93 of the SCA. 

In conclusion, the Magistrates' Court did not have jurisdictions to grant:

1) Specific Performance;
2) Injunction;
3) Rescission;
4) Rectification; and
5) Declaration.

The main reason is the SCA did not confer any jurisdiction to the Magistrates Court to grant the abovementioned relief. 

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