Garnesan & Irmohizam Advocates and Solicitors

[2010] 1 CLJ 802 (FC)

It was not in dispute that the applicant’s case originated from the Sessions Court and came before the High Court in its appellate capacity and not under its original jurisdiction. Section 87 of the Courts of Judicature Act 1964 provides that the Federal Court shall have jurisdiction to hear and determine any appeal from the decision of the Court of Appeal in its appellate jurisdiction in respect of any matter decided in the High Court in its original jurisdiction. In a criminal matter which originated from the Sessions Court, as in this case, the Court of Appeal stands as the apex court, and no further appeal shall lie to the Federal Court. The appeal should stop at the Court of Appeal. The Federal Court had ruled that it could not deal with the matter for want of jurisdiction; surely, after declining jurisdiction, this court could not now assume it. The matter had come to an end. It had to stop otherwise there would be no end to a litigation.

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