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...
by hafizzudin.jamaludin | Nov 12, 2007 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Long delay partly due to negotiations which resulted in the Public Prosecutor dropping some charges and preferring a lesser charge to which the Appellant pleaded guilty. Not a late plea in the circumstances. Delay of over 4 years not Appellant’s fault. Appellant...
