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1988 MarsdenLR 775

COURT OF APPEAL BRUNEI
KOK SONG KONG – Appellant
Versus
BSP CO SDN BHD – Respondent


Petitioner Advocates:Daljit S Sandhu ,Respondent Advocate: DG Howell

JUDGMENT

Godfrey J

(delivering the JUDGMENT of the court): In this action the plaintiff appeals from an order of Dato Sir Denys Roberts made on 7 August 1987 dismissing the action on a preliminary point, taken by the defendant, that the plaintiff's claim was barred by limitation.

[1] The plaintiff's claim is a claim for damages for personal injuries suffered by him, in the course of his employment by the defendant, as a consequence of an accident which befell him on 20 April 1981.

[2] Section 3 of the Limitation Act (Cap. 14) provides, so far as is material, as follows:

"... every suit instituted after the period of limitation prescribed therefor ... if limitation has been set up as a defence, shall be dismissed."

[3] The prescribed period of limitation for the type of claim with which we are concerned is three years from the date on which the injury is committed (see item 92 of the First Schedule to the Act) excluding the day on which the accident happened (see section 11). The limitation period therefore expired on 20 April 1984. This was a Friday, a day when the court was closed. The court reopened on Saturday, 21 April 1984. That day was accordingly the last day on which the suit cou

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