JUDGMENT

Azmi Ariffin JCA:

Introduction

[1] Enclosure 1 dated 16 May 2023 is the Applicant's Notice of Motion for leave to appeal against the whole decision of the Miri High Court given on 17 April 2023 which had dismissed the Applicant's claim for the release of a Black BMW X3 bearing Brunei Registration No: BAK 7228 under Originating Summons Application No MYY-24-151/0-2021 (HC) (Enclosure 1) dated 20 October 2021 with no order as to costs.

[2] For ease of reference, the Applicant shall be hereinafter referred to as the Plaintiff and the Respondents as the Defendants in this Judgment.

Background Facts

[3] It is pertinent to recap the sequence of events and facts in order to appreciate the factual matrix of the present appeal.

[4] The Plaintiff is the registered owner of one unit of vehicle registered in Brunei Darussalam bearing registration No BAK 7228.

[5] The Plaintiff had been granted with the Temporary Import Permit (VMS) for the said vehicle which expired on 3 November 2019.

[6] On 6 February 2020, a team of Customs Enforcement Officers headed by 1st defendant (Edwin Anak Mula) was on patrolling duty along Jalan Dato Permaisuri, 98000 Miri.

[7] At about 11.30 a.m, they saw a Brunei r