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 | Nov 10, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Sentence – 4 housebreaking and 1 retaining property – guilty pleas – 4 years not manifestly inadequate or manifestly excessive – appeals dismissed] PUBLIC PROSECUTOR vWu Zhongping (A1), He Xiongbing (A2) COACM/12/2007 Decision date: 10 Nov...
by hafizzudin.jamaludin | Nov 10, 2007 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Sentence – Culpable homicide not amounting to murder attack by armed group resulting in death – 4 years clearly not excessive – appeals dismissed] Gunasekaran Marunggapan [D1], Sahayaraj Soosai [D2], Pandian Arunakiri [D3], R. Mohan Raj Rengadas [D4] v PUBLIC...
