by syahirah.suhaili | May 3, 2008 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[1. Only on exceptional circumstances will the Court of Appeal allow an appeal against a decision below by consent of the parties.2. There can be no criticism of the decisions below but in the exceptional circumstances of this case appeal allowed on the application of...
by syahirah.suhaili | Dec 3, 2007 | Allowed, Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Issue of Certificate of Practical Completion by architect under a concurrent contract held to be valid. Appeal allowed. Cost sent back to trial judge to decide damages issue. Appeal dismissed on a 2nd claim.] Pg Hj Tuah Bin Pg Hj Menudin (Puting), Pg Hj Damit Bin Pg...
by hafizzudin.jamaludin | Nov 29, 2007 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Respondent aged 23 pleaded to 33 offences of dishonesty on 4 separate occasions in front of different tribunals. 9 years and 11 months to be served reduced to 8 years and 2 months to reflect total criminality. This is a heavy deterrent sentence for a young man of 23...
by syahirah.suhaili | Nov 28, 2007 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[The true meaning of the words ‘judgment debt’ in Order 42 rule 12 is that a judgmentdebt includes an award of costs. – Interest on costs runs from the date the judgment is given – the incipitur rule.] Sayed Late Momin Shaikh v Syarikat Haji Abd Hamid Haji Bakar...
by syahirah.suhaili | Nov 26, 2007 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Appeal against 0.14 grant of Summary Judgment; Refusal to allow ad hoc admission of English Queen’s Counsel; Appeal against that decision – Held: Decision wrong in so far as it took into account skill and qualifications of local counsel. Decision reverse on...
by hafizzudin.jamaludin | Nov 15, 2007 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Housebreaking and theft – appropriate approach to sentencing for multiple offences and application of totality principle] Mohammad Joll Bin Tumih (D1), Mohammad Sharifuddin Bin Abdullah (D2) v PUBLIC PROSECUTOR COACM/5/2005 Decision date: 15 Nov...
