Section 44
Section 44
(1)
A Judge may make an order requiring any specific act to be done or forborne, by any person holding a public office, whether of a permanent or a temporary nature, or by any corporation or any court subordinate to the
High Court:
Provided that —
(a)
an application for such order be made by some person whose property, franchise or personal right would be injured by the doing or forbearing, as the case may be, of the specific act;
(b)
such doing or forbearing is, under the law for the time being in force, clearly incumbent on such person or court in his or its public character, or on such corporation in its corporate character;
(c)
in the opinion of the Judge such doing or forbearing is consonant to right and justice;
(d)
the applicant has no other specific and adequate legal remedy; and
(e)
the remedy given by the order applied for will be complete.
(2)
Nothing in this section shall be deemed to authorise a Judge —
(a)
to make any order binding on His Majesty the Sultan and
Yang Di-Pertuan or the Government of Brunei Darussalam;
(b)
to make any order on any servant of the Government, as such, merely to enforce the satisfaction of a claim upon such
Government; or
(c)
to make any order which is otherwise expressly excluded by any law for the time being in force.
Specific Relief 38
Application how made and procedure thereon.