Chief Justice of the Brunei Supreme Court Dato Seri Paduka Steven Chong has underscored the importance of timely litigation and compliance with court procedures in dismissing an appeal brought by Haji Mahmod bin Haji Yakop.
He stressed that delays in court proceedings not only undermine the administration of justice but can also distort memories and hinder fair outcomes.
The appeal, which was heard by the Chief Justice alongside Justices Conrad Seagroatt and Sir Peter Gross, concerned the plaintiff’s prolonged inaction in a case involving a claim of BND74,000.
The Court of Appeal upheld the Intermediate Court’s decision to discontinue the case under Order 21 Rule 2(6) of the Rules of the Supreme Court, which states that if no party takes any procedural step for over a year, the case is deemed discontinued.
The case, initiated by a Writ served on September 30, 2019, involved the plaintiff claiming that the sum was a loan to the defendant, Siti Ratna Sari binti Abdul Rahman. The defendant, however, maintained that the amount constituted personal gifts during their relationship.
Key dates in the proceedings included the defence being filed on December 31, 2019, but only served in March 2020.
On December 7, 2020, the plaintiff filed a summons for directions, and on June 24, 2021, the defendant filed an amended Defence. The plaintiff missed the deadline to reply to the amended Defence by March 22, 2022.
On April 29, 2022, the plaintiff requested an extension to file a reply but failed to follow up with any further steps.
The Court noted that over a year of inactivity had elapsed, automatically triggering the discontinuance under Order 21 Rule 2(6).
The Court rejected the plaintiff’s arguments for reinstatement, finding no valid justification for the delay. It emphasised that the COVID-19 pandemic was not a valid excuse, as sufficient provisions were in place to ensure litigation could proceed during that period.
In its findings, the Court reiterated that the administration of justice requires trained legal practitioners to act efficiently, comply with procedural rules, and ensure the prompt and economical resolution of disputes. Chief Justice Dato Seri Paduka Chong also reminded lawyers of their professional duties to their clients and the legal system, stressing that these principles are fundamental and must not be compromised.
With these considerations, the Court dismissed the appeal and awarded costs to the respondent effective November 7.
Haji Mahmod was represented by lawyer Lieutenant Colonel (Rtd) Haji Harif bin Haji Ibrahim of his own firm. – Fadley Faisal
