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Civil Court

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The Intermediate Court judges can hear claims that do not exceed BND 300,000 and can only hear certain types of cases as provided for in the Intermediate Courts Act, Chapter 162

Jurisdiction

Section 14 (1):

“…Intermediate Courts shall have in the exercise of their civil jurisdiction original jurisdiction in every action where the amount claimed or the value of the subject-matter in dispute exceeds $50,000 but does not exceed $300,000 or such higher sum as the Chief Justice may prescribe by order published in the Gazette, if –

  1. The cause of action arose in Brunei Darussalam;

  2. The defendant or any one of the defendants at the time of the institution of the action resides or carries on business or has property or personally works for gain in Brunei Darussalam; or

  3. The facts on which the action is based exist or are alleged to have occurred in Brunei Darussalam.

Section 14 (2):

Intermediate Courts shall have jurisdiction to try any action where the amount claimed or the value of the subject-matter in dispute consists of a balance not exceeding $300,000 or such higher sum as the Chief Justice may prescribe by the order published in the Gazette after a set-off of any debt or demand claimed or recoverable by the defendant from the plaintiff, being a set-off admitted by the plaintiff in the particulars of his claim or demand.

Section 14 (3):

Intermediate Courts shall have no jurisdiction in any action –

  1. Subject to section 15(3) and (5), for the recovery of immovable property or where there is a dispute as to a title registered under the Land Code (Chapter 40);

  2. For the interpretation of a trust instrument, the execution or administration of a trust or for a declaration that a trust subsists;

  3. Subject to section 16, for the grant or revocation of probate or letter of administration in respect of the estate of a deceased person;

  4. For the interpretation of a will or, subject to section 17, for the administration of the estate of a deceased person;

  5. For a declaratory decree, except in interpleader proceedings under section 18;

  6. Wherein the legitimacy of any person is in question;

  7. Wherein the guardianship or custody of a minor is in question;

  8. Wherein the validity or dissolution of any marriage is in question.

Section 14 (4):

A judgment of an Intermediate Court shall, except as provided by this Act, be final and conclusive between the parties.”

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