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Carpenters Motors v Babla [2007] FJHC 6; HBC011.2005L (28 March 2007)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL APPEAL NO. 011 OF 2005L

NO. 41 OF 2007

BETWEEN

CARPENTERS MOTORS
Appellant

AND

ANAND BABLA and RAMAN CHANDRA
Respondents

Appearances: Suresh Maharaj & Associates for appellant
Haroon Ali Shah Esq. for respondents

Date of hearing: 28 March 2007
Date of judgment: 28 March 2007

Ex-tempore Judgment

[1] This is an appeal against the judgment of the Tavua Magistrates Court delivered on 28 July 2005.

[2] The grounds of appeal contend that the Learned Magistrate erred in law and in fact in:

(i) not awarding judgment against the 1st defendant who was jointly and severally sued with 2nd defendant .............

(ii) awarding costs against 1st defendant in sum of $500.00 instead of $1,500.00

(iii) taking irrelevant factors into account

(iv) not awarding interest.

[3] In the course of the hearing I informed the appellants counsel that I expected him to submit on the law he relies on in support of the propositions raised by the grounds of appeal. He replied that he did not consider it necessary to address me on the relevant law.

[4] I disagree. This is a Court of law. Litigants and especially counsel are expected to and should come to Court prepared to argue contested issues on points of law. I have heard no law quoted. That is quite simply not good enough. I am left with no option but to rule that the appellants have failed to lay the legal foundation of the grounds of appeal. The grounds of appeal have not been properly established in law. In the circumstances, I dismiss the appeal with costs of $400.00 to the respondent.

Gwen Phillips
JUDGE

At Lautoka
28 March 2007