JUDGMENTS
Civil Suit No. 3 of 2024
[Civil Procedure — Order 18 rule 18 — Striking Out — Pleadings — Distinction between material facts and evidence — Alleged failure to maintain vehicle — No specific defect pleaded — Whether claim is plainly unsustainable — Triable issues present]
Decision date: 21 Apr 2026
Criminal Motion No. 1 of 2026
[Criminal Procedure — Leave to appeal out of time — Delay — No satisfactory explanation — Whether appeal has merit — Sentencing — Fine — Extension of time to pay — Financial hardship — No realistic ability to pay — No repayment plan — Whether extension justified held — Application dismissed — Appeal devoid of merit — No practical basis to extend time — Sentence and grace period proper]
Decision date: 13 Apr 2026
Criminal Appeal No. 19 of 2025
[Criminal Law — Sentence — Multiple offences — Unlicensed practice of medicine — Importation of unregistered medicinal products — Totality principle — Consecutive and concurrent sentences — Whether aggregate sentence manifestly excessive — Whether facilitative regulatory offence should run consecutively — Appeal allowed in part — Aggregate sentence reduced]
Decision date: 4 Apr 2026
Originating Motion No. 4 of 2025
[Insolvency — Provable debts — LAD accruing post-liquidation — Cut-off at date of winding-up — Post-liquidation accrual excluded — Application dismissed]
Decision date: 19 Mar 2026
Criminal Trial No. 13 of 2025
[Criminal law – Bail Application – Application dismissed]
Decision date: 28 Jan 2026
Originating Summons No. 44 of 2014
[Civil Procedure — Pleadings — Amendment — Appeal by way of rehearing — Late amendment — No affidavit explaining delay — Introduction of new and potentially dispositive defence — Prejudice — Discretion — When amendment should be refused]
[Contract — Repudiation — Distinction between breach and repudiation — Election — Contract Act (Cap. 106) — Limitation defence — Futility]
[Practice and Procedure — Registrar’s decision — Appeal — Rehearing — Discretion to allow amendment — Ketteman & Ors v Hansel Properties Ltd & Ors applied]
Decision date: 26 Jan 2026
High Court Criminal Motion No. 20 of 2025
[Criminal law – Application for leave to appeal out of time – Bail Application denied by Magistrate – No likelihood appeal to succeed – Application Dismissed]
Decision date: 21 Jan 2026
Civil Appeal No. 14 of 2024
[Civil: Appeal from Judge’s ruling refusing an appeal from Registrar’s ruling that action deemed automatically discontinued, pursuant to O.21, r.2(6) RSC, and refusing reinstatement under O.21, r.2(10) RSC, dismissed]
Decision date: 20 Jan 2026
Civil Suit/COM No. 109 of 2017
[Civil Procedure – Application for leave to appeal to the court of appeal and extension of time to file appeal – factors to consider when allowing leave to appeal – in this case no prospect of success – application dismissed]
Decision date: 18 Dec 2025
Petition No. 19 of 2025
[(i). The Petitioner has not demonstrated the necessity or expediency required under s42 of the Probate and Administration Act; (ii). The undertaking in force provides adequate protection of the disputed assets pending the determination of Originating Summons no.13 of 2023. The Court may direct that it be reinforced by a statutory declaration by the 1st Respondent; (iii). The appointment of an administrator pendente lite would be unnecessary and disproportionate; (iv). The Petition is dismissed; and (v). Costs to the Respondent, to be taxed if not agreed]
Decision date: 17 Dec 2025
Criminal Appeal No. 24 of 2025
[Criminal law — Bail — Revocation — Accused charged in separate case while on bail — Breach of bail conditions — Failure to remain contactable — Proper exercise of discretion — Appeal dismissed]
Decision date: 17 Dec 2025
Criminal Appeal No. 21 of 2025
[Criminal Appeal – Extension of time to pay fine – Sentencing discretion – Ability to pay – Unrealistic repayment proposal – No merit in appeal – Appeal dismissed]
Decision date: 13 Dec 2025
Companies Winding Up No. 4 of 2025
[ Winding-up – Stay pending appeal – Leave to appeal – Arbitration agreement – Derment arbitration.]
Decision date: 6 Dec 2025
Criminal Trial No. 28 of 2023
[Criminal law – Judgment – 3 charges – publishing seditious posts on Facebook – seditious intent – excite disaffection against His Majesty the Sultan and Yang Di-Pertuan or Government or judicial administrations – offense under section 4(1)(c) of the Sedition Act, Cap 24, read with sections 3(1)(a) and 3(1)(c) of the same – trial]
Decision date: 6 Dec 2025
Criminal Trial No. 17 of 2019
[Criminal law — Sentencing — Voluntarily causing hurt — Use of weapon — Unprovoked attack — Serious injuries — Theft reduced to dishonest misappropriation — Possession of stolen vehicle — First offender — Remorse — Mitigation — Limited weight
Sentencing — Consecutive sentences — Totality principle — Backdating of sentence — Time in remand — Effective sentence fully served
Sentencing — Whipping — Statutory prohibition — Accused sentenced to death — Criminal Procedure Code s.258(b)]
Decision date: 3 Dec 2025
Criminal Appeal No. 22 of 2025
[Criminal Procedure — Application for Leave to Travel Abroad Pending Appeal — Road Traffic Conviction — Change of Circumstances — Risk of Absconding — Appropriate Safeguards — Appeal Hearing Date Fixed — Leave Granted with
Enhanced Bail Conditions]
Decision date: 26 Jan 2026
Criminal Motion No. 30 of 2024
[Criminal law – Sentence – Attempted armed robbery – Theft in a building – Consecutive sentences – Whether aggregate sentence manifestly excessive – Approach to backdating of sentence]
Decision date: 25 Nov 2025
Civil Appeal No. 19 of 2024
[Civil Law. Appeal against Judge’s Order granting Respondent relief, including an Order for sale, in respect of a Memorandum of Charge on each of two separate parcels of land and Units built on land entered into to secure Trade Line Facilities for company, Panahome, dismissed with costs. Action arose from failure of Panahome to repay monies owed from use of those facilities. Appellant’s deposit with Court of BND 1000 as security for appeal released to Respondent in part-payment of costs]
Decision date: 19 Nov 2025
Civil Appeal No. 7 of 2024
[Civil: costs of trial; A. awarded damages against Rs for personal injuries but A. 30% contributorily negligent.; Judge ordered costs to A.; O. 59, r. 3(2), RSC-Court’s power to order that part of the costs should not follow the event. Court ordered discount of 10% from Order of costs to Rs for increased costs of trial of contested contributory negligence.
Order: Rs to pay A. 90% of A’s costs]
Decision date: 19 Nov 2025
Criminal Appeal No. 11 of 2025
[Criminal Law – Sentencing – Appeal by Public Prosecutor – Sentencing Principles – Totality – Starting Point – Aggravating Factors – Digital Fraud – Public Interest – Judicial Discretion – Credibility of Magistrate – Legislative Recommendation]
Decision date: 17 Nov 2025
Criminal Trial No. 12 of 2025
[Criminal Law – Bail – Murder charge under Section 302 Penal Code (Cap 22) – Death penalty – Application for bail pending investigation – Gravity of offence – strength of case – likelihood of interference with witnesses – balance of probabilities that bail should not be granted – Bail refused – Application dismissed]
Decision date: 15 Nov 2025
Criminal Motion No. 15 of 2024
[Criminal law – Possession and distribution of obscene photographs – Use of criminal force with intent to outrage modesty – Victim aged 15 – Sentence. ]
Decision date: 10 Nov 2025
Criminal Trial No. 46 of 2025
[Criminal law – sentence- theft of property- section 454 of the Penal Code- commit house-breaking-section- section 379 of the Penal Code- did commit theft- section 447 of the Penal Code- commit trespass- deterrent sentence]
Decision date: 10 Nov 2025
Civil Suit No 39 of 2021
[Application for leave to appeal interlocutory order for amendment of pleadings – principles to be applied – whether limitation period applies to the claim made – whether cause of action shown.]
Decision date: 8 Nov 2025
Civil Suit No. 24 of 2023
[Appeal from decision under Order 14A – application of non-binding term – whether evidence of implied contract overriding it – locus standi of directors acting for company.]
Decision date: 8 Nov 2025
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