by syahirah.suhaili | Sep 2, 2025 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Civil- Procedure: (i) O.21, r.2(6) automatic discontinuance rule; and (ii) O.21, r.2(10) discretionary power to reinstate action. Appellant/Plaintiff’s appeal dismissed with costs, to be taxed if not agreed; lower Court’s orders on costs upheld. June 2013-Road...
by hardy.ukit | Sep 2, 2025 | High Court of Brunei Darussalam, Judgment
[Rape – Child under 14 – Partial penetration sufficient – Child witness – Unsworn evidence – Section 133A Evidence Act – Corroboration – Complaint to mother – Section 157 Evidence Act – Medical evidence – Redness at vaginal entrance – No hymenal tear – No semen –...
by hardy.ukit | Aug 9, 2025 | Intermediate Court of Brunei Darussalam, Judgment
[Section 380A PC- Theft from a building used as a place of worship- Section 378 PC-Definition of theft- Section 22 PC- Definition of movable property- Section 23 –“Wrongful gain and “wrongful loss”- Section 24 PC- Dishonestly- Pleaded not guilty-Convicted after trial]...
by hardy.ukit | Jul 14, 2025 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
[Civil Law- Appeal allowed: Judge’s dismissal of A.’s claim for loss and damages for wrongful termination of contract of employment set aside. A.’s claim for B$180,000 allowed. Costs: R. to pay A.’s costs below and on appeal, to be taxed if not agreed. A. employed on...
by hardy.ukit | Jul 14, 2025 | Allowed, Court of Appeal of Brunei Darussalam, Judgment
Default judgment regularly obtained – Allowing appeal from Registrar, Judge set default judgment aside; O. 13, r.8 Test in law in Brunei for setting aside default judgment regularly obtained – without fettering Judge’s wide discretion and save very exceptionally, a...
by hardy.ukit | Jul 14, 2025 | Court of Appeal of Brunei Darussalam, Dismissed, Judgment
[Civil Law A.’s appeal dismissed. Appeal against J.’s finding of contributory negligence and assessment of 30% liability; failure to award damages for Future Loss of Earnings, Loss of ability to carry out DIY, Loss of salary-2018 to 2023; quantum of damages for Loss...
