RULES OF THE COURT 2012

The Rules of the High Court 1980 (P.U.(A) 50 /1980 and the Subordinate Court Rules (P.U.(A)328/80) have been repealed by the  Rules of Court 2012 (P.U.(A) 205/2012. The Rules of Court 2012 came into effect on 1.8.2012.

The Rules of Court are not retrospective in effect. All pending actions filed prior to 1.8.2012 are not retrospective in effect. All pending actions filed prior to 1.8.2012 shall not be affected by the new Rules.

Blessed Quietness

Its holiday time and all the students have disappeared.

Thats means no phone calls goes off and no students talking loudly in the library!

Mahkamah Rayuan- Putrajaya

A THOUGHT FOR THE DAY

EX DEBITO JUSTITIAE DEFINITION

A matter ex debito justiciae is one which a litigant is entitled merely upon the asking for it; as opposed to something which may be a matter of judicial discretion or determination.


The above application is usually related to set aside a Judgment In Default which was entered against the Defendants by the Plaintiffs. This is a tricky area. Some Defendants will deliberately evade service of the Summons and when Judgment is entered against them, only then will they show their faces and claim then the Judgment was not entered properly and  start quoting " ex debito justiciae - that  they have the right to set aside the Judgment.

FATIMA IS ADMITTED TO THE BAR

On the 14th of May, I  moved the call of Puan Fatima, chambering student in the law firm of  my learned friend-Mr.James. A Master is not allowed to move the call of his own student. But he is given the honour to robe  the petitioner.Cameras are not allowed inside the Court. But the caution said nothing about cameras outside. So I captured this scene right after 13 new lawyers were admitted to the Bar.

Congratulations- Peguam Fatima!!! Well Done!!

MAHKAMAH TINGGI KOTA KINABALU