Tan Sri Dato’ Seri Lamin Mohd Yunus
“The very nature that an interim injunction being ex-parte we are of the view that in order to prevent injustice or to prevent an abuse of the process of the court that its life span must be limited. Before the insertion of r. 1(2B) in October 1993 (P.U.(A) 364/1993), an ex-parte interim injunction obtained under r. 1(2) remained effective until set aside. Without putting a limit to its life span, the word interim can have no concrete meaning and it may even be open to abuse. It was further found necessary to tighten up the screws so as the application of r. 1(2B) would be more meaningful, so r. 1(2BA) had to be brought in. This new rule does not tolerate delay so that it spells out the time limit within which the interim injunction must be served. Also, on the day the exparte interim injunction is granted, the court granting it must “forthwith” fix a date of hearing inter-partes and that it must be held “before the expiry of the 21 days.” It is beyond doubt that r. 1(2BA) stresses the urgency and speedy disposal of the matter.”
per Lamin Mohd Yunus, PCA in Cheah Cheng Lan v. Heng Yea Lee & Ors [2001] 1 CLJ 727.
Tan Sri Dato’ Seri Lamin Mohd Yunus was the first President of the Court of Appeal, Malaysia.
He holds a Bachelor of Laws (Hons) degree from the University of Singapore, conferred in 1962, and a Diploma in Socio-Legal Studies from University College, Cardiff, United Kingdom.
He had extensive experience in the government service. Upon graduation, he was admitted into the foreign service of Malaysia in 1963 as an officer in the then Ministry of External Affairs. He was in the said service for about four years and during that period he served
in the Malaysian Embassy in Bangkok, Thailand.
He resigned from the Foreign Service upon returning to Kuala Lumpur and joined the Judicial and Legal Service. During his distinguished career as a Judicial and Legal officer, he served as Magistrate, President of the Sessions Court, Federal Counsel in the Attorney General’s Chambers and the Ministry of Defence, Senior Assistant Registrar in the High Court, Kuala Lumpur, Deputy Head of the Prosecution Division, Pahang’s State Legal Adviser, Judge-Advocate General of the Malaysian Armed Forces, and Solicitor General of Malaysia.
In 1988, Tan Sri Dato’ Seri Lamin Mohd Yunus became Judge of the High Court of Malaya. In 1994, he was elevated to the Federal Court. On 25th September 1994, about two months after the rebirth of the Court of Appeal, he was appointed as the President of that Court. He retired on 12th March 2001 in that post, after serving for about 7 years.
He is married to Puan Sri Noriah Abd Kadir and blessed with a son and a daughter.
Former Presidents of Court of Appeal
The late Tan Sri Dato’ Wan Adnan Ismail was born on 2nd July 1937 at Kemaman, Terengganu.
He had served in the Terengganu Civil Service in 1960 before he joined the Judicial and Legal Service as a Magistrate in 1962. He was later appointed as President of the Sessions Court and Deputy Public Prosecutor.
Thereafter he left the Service and operated his own legal firm. In 1974, he was elected as a Member of the Terengganu State Legislative Assembly and was appointed as an Exco member until 1986.
On 9th January 1988, he took office as a High Court Judge and served in Penang and Kuala Lumpur, before he was appointed to the Federal Court on 1st October 1994.
On 21st January 1998, he was appointed as the Chief Judge of Malaya. He held office as the Acting President of the Court of Appeal on 19th March 2001, and subsequently held the position as the President on 1st September 2001.
He passed away on 24th December 2001 at the age of 64 due to kidney and heart complications, survived by three children.
Tan Sri Dato’ Wan Adnan Ismail
“We agree with the contention of the learned counsel for the plaintiff that as the said lands were subject to the said Ordinance (Malacca Lands Customary Rights Ordinance) the alleged purchase of the same by the 1st defendant’s mother was not valid as she had not obtained any certificate from the Governor-in-Council under s. 3(2)(b) of the Ordinance. She was not qualified to become a customary land-holder under s. 3(1) of the Ordinance. She was therefore not competent to acquire any title at all to the said lands. If she could not acquire any title under the Ordinance, there could not be any other way by which she could acquire it. To allow her to acquire title by any method not in accordance with the Ordinance would defeat the purpose of the Ordinance. The Ordinance was enacted for the protection of certain classes of people.”
per Wan Adnan Ismail, FCJ in Pang Cheng Lim v Bong Kim Teck & Ors [1997] 4 CLJ 414 on the validity of sale of Malay reserve land to a non-Malay.
Tun Dato’ Sri Ahmad Fairuz Dato’ Sheikh Abdul Halim was born on 1st November 1941 in Alor Setar, Kedah. He read law at the National University of Singapore and later obtained his Master of Laws from the University of Brussels, Belgium.
He joined the Judicial and Legal Service in 1967 where his first posting was as a Cadet Legal Officer at the Kuala Lumpur High Court Registry, before being transferred to the Penang Magistrate’s Court on 1st June 1967. Since then, Tun Dato’ Sri Ahmad Fairuz, as he is better known, had served in a number of positions, namely Deputy Public Prosecutor, Senior Assistant Registrar, Senior Federal Counsel, President of the Sessions Court and Legal Advisor of a few Ministries. He had also served as a Legal Advisor for the State of Johor and Selangor.
On 1st December 1988, Tun Dato’ Sri Ahmad Fairuz was appointed as a Judicial Commissioner. He was elevated as a High Court Judge on 1st August 1990 and thereafter as a Court of Appeal Judge on 1st December 1995. Tun Dato’ Sri Ahmad Fairuz was elevated to the Federal Court on 1st September 2000 and was appointed as the Chief Judge of the High Court of Malaya on 1st September 2001. He became the President of the Court of Appeal on 1st December 2002.
The year 2003 marked the highest achievement in his career when on 16th March 2003, he took office as the fourth Chief Justice of Malaysia. He retired on 1st November 2007 after serving the nation for about 40 years.
Tun Dato’ Sri Ahmad Fairuz is married to Toh Puan Mazni Mohd Noor, and blessed with two children.
Tun Dato’ Sri Ahmad Fairuz Dato’ Sheikh Abdul Halim
“…I cannot find anything in s. 8(7) that can even suggest that the grounds must be stated in the extension order. If grounds are not expected to be stated in the initial order how can then it be expected that they, should be in the extension order when that extension order merely directs that the duration of the detention order be extended for a certain further period not exceeding two years at a time? As such, I am of the view that it is not necessary to state the grounds in the extension order. In the circumstances the appellant’s contention that the grounds must be stated in the extension order is without merit…”
per Ahmad Fairuz Dato’ Sheikh Abdul Halim, FCJ in Gurcharan Singh Bachittar Singh v Penguasa, Tempat Tahanan Perlindungan Kamunting, Taiping & Ors [2002] 4 CLJ 249.
The late Tan Sri Abdul Malek Ahmad was born in Singapore on 28th July 1944. He read law at the Inner Temple in London. He was called to the English Bar in 1966.
His legal career started at the age of 21 at the Kuala Lumpur Magistrate’s Court in 1966. Throughout the years, he had served in the Judicial and Legal Service as a Magistrate, Deputy Public Prosecutor, President of the Sessions Court and Parliamentary Draftsman before he was appointed as a High Court Judge on 1st January 1985 at the age of 40.
On 1st December 1995, he was elevated to the Court of Appeal and then to the Federal Court on 1st May 1999.
Tan Sri Abdul Malek was appointed as the fourth President of the Court of Appeal of Malaysia on 12th July 2004.
He was elected “Honorary Overseas Bencher of the Inner Temple, Inns of Court in Britain” in February 2005, in recognition of the honour he had brought to the society.
Married to Puan Sri Roziah Sheikh Mohamed and blessed with six children, the late Tan Sri Abdul Malek was known for his steadfast adherence to rules and order. On 31st May 2007, Tan Sri Abdul Malek passed away after having been ill for over a year.
Tan Sri Abdul Malek Ahmad
“Also, generally speaking, if the words in a statute admit two interpretations, then they are not clear, and if one interpretation is more favourable to an accused than the other, the court will adopt the one more favourable to the accused.”
per Abdul Malek Ahmad, PCA in the case of PP v Tan Tatt Eek & Other Appeals [2005] 1 CLJ 713.
Tun Abdul Hamid Mohamad was born on 18th April 1942 in Permatang Tinggi Bakar Bata, Kepala Batas, Province Wellesley, Penang. He received his early education in Sekolah Melayu Paya Keladi, St. Mark’s School Butterworth and St. Xavier’s Institution in George Town, Penang. He then proceeded to read law at the University of Singapore and graduated with LL.B (Hons) in 1969.
Tun Abdul Hamid had spent 40 years of his life in the Judicial and Legal Service. He was a Magistrate, President of the Sessions Court, Assistant Director of the Legal Aid Bureau, Deputy Registrar of the High Court, State Legal Advisor of Kelantan and Perak, Senior Federal Counsel of the Inland Revenue Department and Head of Prosecution in the Attorney General’s Chambers before he was appointed as Judicial Commissioner on 1st May 1990. Thereafter, he was elevated as a High Court Judge on 1st March 1992.
On 1st September 2000, he was elevated as a Court of Appeal Judge, and thereafter to the Federal Court on 1st August 2003.
Tun Abdul Hamid was the fifth President of the Court of Appeal. On 2nd November 2007 he was appointed as the Chief Justice of Malaysia until his retirement in October 2008. In the course of his career, he was also appointed as Judge of the Special Court for Rulers pursuant to Article 182A of the Federal Constitution and Judge of the Shariah Court of Appeal for the State of Penang.
He is married to Toh Puan Hamidah Chong Abdullah, and they are blessed with four children.
Tun Abdul Hamid Mohamad
“I am therefore of the view that whether a practice is or is not an integral part of a religion is not the only factor that should be considered. Other factors are equally important in considering whether a particular law or regulation is constitutional or not under Art. 11(1) of the Federal Constitution. I would therefore prefer the following approach. First, there must be a religion. Secondly, there must be a practice. Thirdly, the practice is a practice of that religion. All these having been proved, the court should then consider the importance of the practice in relation to the religion. This is where the question whether the practice is an integral part of the religion or not becomes relevant. If the practice is of a compulsory nature or “an integral part” of the religion, the court should give more weight to it. If it is not, the court, again depending on the degree of its importance, may give a lesser weight to it.”
per Abdul Hamid Mohamad, FCJ in Meor Atiqulrahman Ishak & Ors v Fatimah Sihi & Ors [2006] 4 CLJ 1.
Tun Dato' Seri Zaki Tun Azmi was born in Alor Setar, Kedah on 12th September 1945. He is the son of the late Tun Azmi Mohamed, the third Lord President of Malaysia. Tun Zaki received his early education at Sultan Abdul Hamid College, Alor Setar, Anderson School, Ipoh and English College, Johor Bahru before obtaining his Barrister-at-Law qualification from the Lincoln’s Inn, United Kingdom in 1969.
He joined the Malaysian Judicial and Legal Service as a Magistrate in Kuala Lumpur in 1970. In 1971 he served as President of the Sessions Court in Ipoh.
In 1973, he was appointed as Assistant Parliamentary Draftsman in the Drafting Division in the Attorney General's Chambers. He was then appointed as Senior Federal Counsel at the Ministry of Home Affairs in 1976. In 1985, he made his way into private legal practice and became an advocate and solicitor of the High Court of Malaya at Messrs Shahrizat Rashid & Lee.
While in practice, Tun Dato' Seri Zaki was a director as well as chairman or member of audit committees of the board of directors of several public listed companies including Petroliam Nasional Berhad, Malaysia Airport Holdings Berhad and S P Setia Berhad.
Tun Dato' Seri Zaki left legal practice when he was sworn in as a Judge of the Federal Court of Malaysia on 5th September 2007. Shortly thereafter, on 11th December 2007 he was elevated as the President of the Court of Appeal. He was appointed as the Chief Justice of Malaysia on 18th October 2008. He became the first Chairman of the Judicial Appointment Commission on 16th February 2009 until his retirement as the Chief Justice in September 2011.
Tun Dato' Seri Zaki is married to Toh Puan Datin Seri Nik Sazlina Mohd Zain and blessed with four children.
Tun Dato’ Seri Zaki Tun Azmi
“I totally agree with the learned Chief Judge of Malaya’s view that the error committed by the Federal Court in Adorna Properties Sdn Bhd v Boonsom Boonyanit @ Sun Yok Eng [2001] 1 MLJ 241 was to read the
proviso to sub-s (3) as being a proviso to sub-s (2) as well. The error is very obvious because the proviso expressly refers to ‘this sub-section’ which must in the context of that subsection be read as proviso to sub-s (3) only.
I am legally obligated to restate the law since the error committed in Adorna Properties is so obvious and blatant. It is quite a well-known fact that some unscrupulous people have been taking advantage of
this error by falsely transferring titles to themselves. I hope that with this decision, the land authorities will be extra cautious when registering transfers.”
per Zaki Tun Azmi, CJ in Tan Ying Hong v Tan Sian San & Ors [2010] 2 MLJ 1.
Tan Sri Dato’ Seri Alauddin Dato’ Mohd. Sheriff was born on 7th August 1946 in Kulim, Kedah. He read law at the Inner Temple, London in 1967 and was admitted as a Barrister-at-Law of the Inner Temple in 1970.
In 1971, he started his career with the Judicial and Legal Service and served as a Magistrate in Bukit Mertajam, Pulau Pinang. Thereafter, he held various posts such as President of the Sessions Court and Senior Federal Counsel in the Income Tax Department.
In 1977, he was seconded to Petronas Carigali as its Secretary cum Legal Advisor. He also served as the State Legal Advisor of the States of Negeri Sembilan in 1982 and Johor in 1983. In 1989, he became the
Chairman of the Advisory Board in the Prime Minister’s Department.
Tan Sri Dato’ Seri Alauddin was appointed as a Judicial Commissioner of the High Court in Malaya on 1st February 1992. He was elevated as a High Court Judge on 1st August 1992 and thereafter as a Court of Appeal Judge on 1st April 2001. Tan Sri Dato’ Seri Alauddin was elevated to the Federal Court on 12th July 2004.
On 5th September 2007, he was appointed as the Chief Judge of Malaya. On 18th October 2008, he was elevated to the post of President of the Court of Appeal. He retired on 7th August 2011 at the age of 65.
Tan Sri Dato’ Seri Alauddin Dato’ Mohd. Sheriff is married to Puan Sri Munirah Abd Rahman and blessed with three children.
Tan Sri Dato’ Seri Alauddin Dato’ Mohd. Sheriff
“If we were to look around we will find that there is no dearth of authorities in our courts concerning presumption in favour of constitutionality of a particular piece of legislation. In such cases the burden is always upon him who attacks it to show that there has been a clear transgression of constitutional principles.”
per Alauddin Dato’ Mohd. Sheriff, JCA in Sivarasa Rasiah v Badan Peguam Malaysia & Anor [2006] 1 MLJ 727.