KUALA LUMPUR: It is perfectly fine for a judge of a lower court not to
follow a ruling of a superior court.
Former Bar Council chairman Datuk Kuthubul Zaman Bukhari (picture) said this
was allowed provided the inferior court judge was able to differentiate the
case before him and the one decided earlier.
"He has the liberty to come out with a different conclusion but it must be
anchored on strong legal grounds," he said in response to Court of Appeal
judge Datuk Gopal Sri Ram who refused to follow the interpretation of the
Federal Court in the controversial Adorna Properties Sdn Bhd vs Boonsoom
Boonyanit case.
He said over the last six years, the legal fraternity and academia had
expressed reservations about the ruling.
Kuthubul said parliament could make amendments to Section 340 of the
National Land Code to bring clarity to the provision.
Lawyer M. Manoharan said the Federal Court should seize the opportunity as
soon as possible to review the earlier ruling.
"If need be, a larger Bench should be empanelled because the issue touched a
fundamental right," he said.
