Law 033 tutorial pyq october 2019 PDF

Preview

Summary

(Question October 2019)PART B QUESTION 1Jax, a lorry driver for The Mover Company, was driving to deliver goods to Kampar, Perak. However, his lorry went out of control and hit Manja's car. As a result of the accident, Manja suffers a few broken bones. She now wants to take legal action against Jax,...

Description

(Question October 2019)

PART B QUESTION 1

Jax, a lorry driver for The Mover Company, was driving to deliver goods to Kampar, Perak. However, his lorry went out of control and hit Manja's car. As a result of the accident, Manja suffers a few broken bones. She now wants to take legal action against Jax, claiming compensation of RM 100,000. Explain the composition and jurisdiction of the court in the above situation. (20 marks)

Issues Whether or not the Session Court has the composition and jurisdiction to hear Manja’s case?

Law The court that Manja can go to conduct the case is Session Court. The first composition is that the Session courts are established under Section 59 of Subordinate Courts Act 1946 (SCA 1948) and presided over by a Sessions Court judge sitting alone. While under Section 60 of SCA 1948 no person shall be appointed to be a Sessions Court Judge unless he is a member of the Judicial and Legal Service of the Federation.

The Session Court has a jurisdiction of the court to hear Manja case because in civil jurisdiction under Section 65(1)(a) of SCA 1948 unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant and distress and Section 65(1)(b) to try all other actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed RM1 million. Well in Section 65(5) of SCA 1948, a Session Court may in respect of any action or suit within the jurisdiction of the Session Court where it may grant an injunction and make a declaration whether or not any other relief, redress or remedy is or could be claimed.

Application

Manja's case can be heard at Session Court because the lorry driver was driving to deliver goods to Kampar, Perak and suddenly his lorry went out of control and hit Manja's car. Manja then breaks a few bones as a result of the accident. Manja can bring this case to Session Court as stated in civil jurisdiction under Section 65(1)(a) of SCA 1948 unlimited jurisdiction to try all actions and suits of a civil nature in respect of motor vehicle accidents, landlord and tenant and distress.

Next, Manja wants to claim RM100,000 against Jax. As the claim does not exceed RM1 Million that have been stated in Section 65(1)(b) to try all other actions and suits of a civil nature where the amount in dispute or the value of the subject matter does not exceed RM1 million.

Conclusion In conclusion, the sessional court has the jurisdiction and composition to hear Manja’s case....