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Gosai v Nadi Town Council [2005] FJHC 292; HBC0063.2005 (11 November 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0063 OF 2005

BETWEEN:

JAGDISH CHANDRA GOSAI
son of Ram Prasad Gosai of Northern Press Road, Nadi, Retired Landlord.
PLAINTIFF

AND:

NADI TOWN COUNCIL
a body corporate established and created by Local Government Act.
FIRST DEFENDANT

REGISTRAR OF TITLES
created and established by statutory provision.
SECOND DEFENDANT

Mr G P Shankar for the Plaintiff
Mr M A Sahu Khan for the Defendants

Date of Hearing: 28 October 2005
Date of Ruling: 11 November 2005

INTERLOCUTORY RULING OF FINNIGAN J

The Plaintiff has filed in the Court of Appeal a Notice of Appeal and has lodged in this Court an application for leave to appeal. The proposed appeal is against an interlocutory ruling which I delivered on 29 September 2005.

The application for leave was filed on 14 October 2005. Leave is sought because the ruling under challenge was interlocutory.

The application is stated to be made pursuant to Rule 26 of the Court of Appeal Rules. That rule does not help me much.

The issue stated for the Court of Appeal is whether this Court was right when it refused to determine the substantive issue in the action by a summary procedure without hearing the parties. If I have jurisdiction then I grant the leave.

The Plaintiff will not lose the chance he already has for a substantive hearing and the matter will remain listed in the 25 November 2005 Callover so it can be assigned a hearing date.

There being no objection or submissions by the Defendants when this matter was called on 28 October 2005 I make no order for costs.

D.D. Finnigan
JUDGE

At Lautoka
11 November 2005