Section 17
jurisdiction of Courts of Magistrates
(1)
Subject to the provisions of this Act and any other written law and subject to the Rules of Court, a Court of a Magistrate shall have jurisdiction in every civil proceedings where the amount claimed or the value of the subject matter in dispute does not exceed the appropriate prescribed limit if —
(a)
the cause of action arose in Brunei Darussalam;
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(b)
the defendant or any one of the defendants at the time of the institution of the proceeding resides or carries on business or has property or personally works for gain in Brunei Darussalam; or
(c)
the facts on which the proceedings are based exist or are alleged to have occurred in Brunei Darussalam.
(2)
Notwithstanding that the amount claimed or the value of the subject matter in dispute exceeds the appropriate prescribed limit, a Court of a Magistrate shall have jurisdiction in any proceedings for the recovery of immovable property, other than proceedings in which there is a genuine dispute as to a title registered under the Land Code (Chapter 40), where the rent payable in respect of such property does not exceed $500 per month or such other sum as may be prescribed by the Rules of Court in respect of any area specified in such Rules.
(3)
A Court of a Magistrate shall have no jurisdiction in proceedings —
(a)
concerning any acts done by the order of His Majesty the
Sultan and Yang Di-Pertuan, or of His Majesty the Sultan and Yang
Di-Pertuan in Council, or of the head of any Government department, or of a Judge or another Magistrate;
(b)
for the recovery of immovable property where there is a genuine dispute as to a title registered under the Land
Code (Chapter 40);
(c)
for partition of immovable property;
(d)
for the specific performance or rescission of contracts;
(e)
for the cancellation or rectification of instruments;
(f)
for the interpretation of trust instruments or the enforcement or administration of trusts;
(g)
for the grant of probate or letters of administration in respect of any deceased person;
(h)
for the interpretation of wills or the administration of the estate and effects of any deceased person;
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(i)
for declaratory decrees.
(4)
His Majesty the Sultan and Yang Di-Pertuan in Council may by order amend any provision of this section.
(5)
In this section, “appropriate prescribed limit” means $10,000 or, in the case of the Chief Magistrate, $15,000:
Provided that the Chief Justice may, with the approval of His Majesty the
Sultan and Yang Di-Pertuan, by notification published in the Gazette, increase the appropriate prescribed limit in the case of the Chief Magistrate or any other Magistrate.
Civil appeals from decisions of Courts of Magistrates