By Fadley Faisal –
BANDAR SERI BEGAWAN, NOV 20 – The Court of Appeal of Brunei Darussalam has dismissed an interlocutory appeal involving a dispute over property ownership following the death of the owner, ruling in favor of the deceased’s widow.
The case focused on the rights over a two-storey house located in Kampung Sungai Bera, Seria, Belait, which was once held under a Temporary Occupancy License (TOL) by the deceased.
In a decision on November 6, Chief Justice Steven Chong, together with Justice Seagroatt and Sir Peter Gross, upheld the decision made by Judicial Commissioner Haji Abdullah Soefri in October 2023, which issued an order to evict the deceased’s sister, the respondent in the case, from the premises .
The respondent has lived in the house without the permission of the plaintiff, who is the deceased’s widow, since October 2022.
The dispute arose from the fact that the deceased had held TOL for the property since 1986. After his death in July 2022, the plaintiff, who had lived in the house with his two children, became the administrator of his estate.
On the other hand, the respondent who previously lived in the property with his brother and mother, moved into the said house after the death of the deceased without official permission.
The respondent, however, disputed that he should be allowed to live in the house, claiming that he had made a financial contribution towards the construction of the building, especially for the costs associated with its construction.
The claim was significant because he argued that his payment to help build the house gave him the right to occupy it.
Despite the allegations, the court rejected his claim, ruling that the financial contribution made by the respondent did not give him the legal right to live in the property after the death of the TOL holder.
In the decision, the court stated that such payment, even if true, did not override the legal rights of the plaintiff, the widow of the deceased, who had become the administrator of his estate.
The case brought to the Court of Appeal aims to resolve the issue of who has the right to occupy the house.
The plaintiff argued that as the widow and administrator of the estate, she should be entitled to the property, while the respondent’s position was that she had a legitimate claim to live in the house.
The main question of law in the appeal was whether the respondent’s occupation of the house, which began without a license or consent, constituted an unlawful occupation, justifying eviction.
The court, considering relevant previous cases including the case of Chen Weng Kwong against Chen Kim Slong, found in favor of the plaintiff, confirming the policy of prioritizing widows and children in such cases.
The judgment also considered the wider context of land rights in Brunei, where Land Department policy emphasizes the right of families to retain occupancy following the death of a TOL holder.
The court ruled that the plaintiff, as the deceased’s widow, had a stronger claim to the property, especially since she and her children continued to live there.
In the decision, Judge Seagroatt said, “The proper approach here is to uphold the rights of the widow and children, ensuring that they are not evicted by family members who have no legal right to occupy the property.”
The decision thus ended the legal dispute by ordering the eviction of the respondent.
Representing the parties in the case are Robin Cheok Van Kee of Messrs Cheok Advocate and Solicitor for the appellant and Mathew Chiew Siew Koun of Messrs MCSK for the respondent.
The plaintiff is now expected to take possession of the property, ending the long-standing family dispute, as the Court emphasized the importance of adhering to the legal framework and policies set out in the sensitive matter.