by syahirah.suhaili | Dec 3, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Limitation of actions – accrued right under Limitation Act 1967 – 2004 amendments to Interpretation and General Clauses Act 1959 do not have the effect that Emergency (Limitation) Order 1991 took away existing right – application of Marsal v Apong [1998] 1 WLR 674 –...
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 24, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Appeal against decision by judge holding Notice of Motion was incorrect procedure in an application to recuse in course of criminal trial. Held – Jurisdiction of Court of Appeal is governed by Cap 44 and 45 of Criminal Procedure Code and an appeal in a criminal...
by hafizzudin.jamaludin | Nov 15, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Appeal against conviction for two rapes of 13 year old daughter –credibility issue resolved in favour of daughter- appeal dismissed. Appeal against total sentence of 20 years and 15 strokes concurrent with earlier sentence of 10 ½ years for 7 offences of using...
