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...
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...
