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 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 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...
by hafizzudin.jamaludin | May 24, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Criminal Law. Murder conviction. Diminished responsibility under s. 303(1) CriminalCode, Cap. 22. Question of degree for the trial court. Application under s.435(1)(c) Criminal Procedure Code, Cap. 7, to receive further evidence on appeal.Appeal dismissed.] Edgar...
by syahirah.suhaili | May 23, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Appeal against judge’s award of interest and default interest due on Banker’s claim under facility letters granting a term loan. Agreement for repayments on the loan to be made from customer’s current account which he did not keep in funds so that it went into...