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Hassan v Yakub [2017] FJMC 23; Civil Appeal 21.2015 (15 February 2017)

IN THE MAGISTRATE’S COURT AT LABASA

APPELLATE JURISDICTION

Civil Appeal No. 21 of 2015

SCT Claim No. 493 of 2015

BETWEEN : MOHAMMED HASSAN

APPELLANT

AND : MOHAMMED YAKUB

RESPONDENT

For the Appellant : In Person

For the Respondent : Mr Sen. A

Judgment : 15 February 2017

JUDGMENT

1. The Appellant is appealing the order of the Small Claims Tribunal (Tribunal) made on 7 September 2015. The notice of appeal was filed on 14 September 2015, and was on time.
   
2. The grounds of appeal provided by the Appellant in the notice of appeal are;-
   
   1. The Claimant was involved in an accident with my vehicle and I agreed to pay for the damage to the claimant for $2,000.00 but the claimant did not return the damaged parts.
      
   2. I do not agree with the claim amount, the initial work done was $585.00. I gave him fuel for $180.00 net balance $405.00. I am agreed to pay $405.00 if the claimant gives back the damaged parts.
      
3. The Appellant filed his submission on 11 January 2016 and the Respondent filed his submission on 22 January 2016. The appeal was heard on 5 April 2016.
   
4. At the hearing the Appellant submit that he told the referee about the diesel and was not considered. He is ready to pay $405.00 to the Respondent and he will pay. The Respondent deny the claim at the Tribunal and ask for the appeal to be dismissed with costs of $500.00.
   
5. According to section 33(1) of the SCT Decree, the order of the Tribunal can only be appealed on the following two grounds;

“(a) the proceeding were conducted by the Referee in a manner which was unfair to the appellant and prejudicially affect the result of the proceeding; or

(b) the Tribunal exceeded its jurisdiction.”

6. The grounds of appeal advanced by the Appellant does not come under any of the allowable grounds of appeal under section 33(1) of the SCT Decree. The grounds of appeal together with the submission filed by the Appellant goes to the merit of the case.
   
7. Any challenge on how the Tribunal considered and give weight to the evidence adduced and make its finding based on those evidence goes to the merit of the case. It is a well established common law in this jurisdiction that Tribunal decision cannot be appealed on merit. This position was set in Sheet Metal & Plumbing (Fiji) Ltd v Deo [1999] FJHC 26.
   
8. In considering the notice of appeal and the grounds of appeal together with the submission filed by the Appellant and the Respondent, I find that the grounds of appeal filed by the Appellant is outside the allowable grounds of appeal under section 33(1) of the SCT Decree.
   
9. In my judgment, I dismiss the Appellant’s appeal with cost of $500.00 to be paid by the Appellant to the Respondent.
   

28 days to appeal

............................................

C. M. Tuberi

RESIDENT MAGISTRATE