Understanding Civil Litigation in Malaysia

 

Have you ever experienced someone trespassing on your property or breaching an agreement made between you? If they still refuse to cooperate after strong demands, you may politely file a lawsuit against them. This process is known as civil litigation.

Civil litigation is a primary method for resolving disputes by submitting your civil disagreement to a court, which will examine the legal issues involved and decide responsibilities or remedies. Civil disputes typically arise from personal or interpersonal relationships, including commercial partnerships, marital relations, or contractual transactions.

Overview of Civil Litigation in Malaysia

Due to its historical colonial ties with Britain, Malaysia's legal system is heavily influenced by English law. However, Malaysia also has established its own laws and regulations governing civil litigation procedures, including:

• Federal Constitution of Malaysia

• Courts of Judicature Act

• Civil Law Act 1956: Allows Malaysian courts to consider English common law and equity

These laws apply throughout Malaysia, along with additional state laws and certain Islamic laws primarily regulated by the states. In Malaysia, civil matters under Islamic jurisdiction mainly cover personal laws, such as marriage, inheritance, and succession, applicable only to those who opt to be governed by Islamic law.

Malaysian Court System Organization

Courts determine justice, rights, duties, and responsibilities, managed by judges. Malaysian courts are broadly divided into civil and criminal courts. Jurisdiction is crucial, referring to a court's authority to hear and decide legal matters.

Courts in Malaysia operate in a hierarchical system, organized from lower to higher authority:

• Magistrates and Sessions Courts: Jurisdiction limited by monetary value—Magistrate Courts handle claims up to RM100,000, and Sessions Courts handle claims up to RM1,000,000.

• High Courts: Malaysia has two High Courts—the High Court of Malaya and the High Court of Sabah and Sarawak. Both possess unlimited monetary jurisdiction.

• Court of Appeal: Reviews appeals against decisions from High Courts.

• Federal Court: The highest court, reviewing appellate decisions from the Court of Appeal.

Islamic courts have jurisdiction over certain civil matters, including marriage and inheritance issues, but not commercial disputes.

Steps in Malaysian Civil Litigation

1. Consultation with a Lawyer: Consulting a lawyer is your first step in civil litigation, and although not mandatory, professional guidance typically yields better outcomes.

2. Drafting and Serving Notice: Official notice or demand letters are prepared and served to the opposing party, providing an opportunity to negotiate and resolve disputes privately before litigation.

3. Filing Civil Action and Evidence Collection: Filing documents officially initiates litigation, followed by exchanging essential documents and evidence between both parties.

4. Trial and Motions: Judges review evidence, witnesses testify, and courts make rulings. Parties can also file motions requesting specific court orders during trials.

5. Appeal: Dissatisfied parties may appeal the court's decision if legitimate grounds exist.

Common Types of Civil Litigation in Malaysia

• Breach of Contract: Occurs when a party fails to fulfill obligations outlined in a legally enforceable agreement.

• Tenancy Disputes: Issues like unpaid rent or unlawful eviction between landlords and tenants.

• Torts: Civil wrongs such as defamation, trespass, and negligence causing harm or loss.

• Negligence: Arises from a breach of the duty of care, leading to personal injury or damage claims.

• Property Disputes: Conflicts arising from property transactions or ownership rights.

• Matrimonial Disputes: Issues related to divorce, asset division, custody, and marital rights.

• Arbitration-related Claims: Disputes regarding arbitration agreements or awards.

• Corporate Remedies: Legal actions taken by or against corporations, including shareholder disputes or injunctions.

Seeking Legal Assistance

If you are considering civil litigation, engaging a competent lawyer is advisable. Lawyers assess the merits of your case, guide you on potential outcomes, and help navigate the complexities of litigation efficiently. Court processes can be costly and time-consuming; professional advice is invaluable in determining the most suitable path forward.