TR SANDAH AK. TABAU AND 7 OTHERS DIRECTOR OF FOREST, SARAWAK STATE GOVERNMENT OF SARAWAK

01-27-04-2015q Federal Court (Mahkamah Persekutuan) 10 September 2019 • 01-27-04/2015(Q)

Catchwords

Civil procedure - Whether there has been breached of section 78 of the Courts of Judicature Act - Whether there was in fact no majority judgment - Whether said judge has no jurisdiction to decide on the fact finding of the Trial Court which was affirmed by the Court of Appeal Constitutional law - Courts - Federal Court - Whether there is a must to have a judge with Bornean judicial experience in the composition of the Federal Court - Section 74 of the Courts of Judicature Act - Para 26(4) of the Inter-Governmental Committee read together with Article VIII of the Malaysia Agreement 1963 - Whether failure to have a judge with Bornean judicial experience in the panel constitute a coram failure - Whether the failure of the application to object to the lack of the presence of a Judge with Bornean judicial experience constitutes a complete waiver to object at the hearing of the appeal proper

Practice Areas

Civil Procedure

Judges (5)

Alizatul Khair binti Osman Khairuddin Coram Azahar bin Mohamed Delivered Idrus bin Harun Coram Mohd Zawawi bin Salleh Coram Panglima David Wong Dak Wah Coram

Parties (2)

DIRECTOR OF FOREST, SARAWAK STATE GOVERNMENT OF SARAWAK Respondent Tr Sandah Ak. Tabau And 7 Others Defendant

Judgment

Read the full judgment on the official Malaysia Courts portal.

Read on eJudgment

Source: eJudgment (01-27-04-2015q)