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Fiji Islands - Court of Appeal - Index - 2001 |
FIJI COURT OF APPEAL
INDEX AND DIGEST
2001
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES FCA NO. PAGE NO.
Abdul Hussein v. National Bank of Fiji 66/98 01/158
Ambika Prasad v. Santa Wati & Anr. 27/99 01/171
Anthony Graham Smith v. The State 11/01 01/185
Anwar
Ali v. The
State 39/99
01/1
Daniel Azad Wali v. The State 53/99 01/5
Eparama Sogotubu v. The State 1/00 01/19
Flour Mills of Fiji v. Jai Raj 56/99 01/24
Frederick Katafono v. The State 47/99 01/32
Housing Authority v. Penioni Bulu 26/01 01/90
Ilibera Verebasaga v. The State 42/00 01/191
Inoke Buli v. The State 3/00 01/47
John Yogendra Singh v. The State 25/99 01/35
Kamoe R. Varea v. Fiji Times Ltd 85/98 01/75
Kitione Vesikula v. The State 14/97& 01/39
59/99
Maria Asumita Babakobau v The State 5/01 01/198
Mohammed Yakub Khan v. A. Narsey Pty. Ltd 43/01 01/281
& Anr.
Niranjan’s Autoport Ltd & Anr v. Ram Karan 5/01 01/87
Ports Authority of Fiji v. CAT Marketing Ltd. 22/01 01/94
Public Service Commission & Anr. v. 24/01 01/206
Rusiate Tagicakibau
Rajesh Chand & Anr. v. The State 56/99 01/166
Renuka Shankar v. Chandar Gopalan Naidu 3/01 01/104
Rewa Co-operative Dairy Co. Ltd. & Ors 48/98 01/217
v. Sharon Julie Anne MacKenzie & Ors
Romanu Naceva & Ors v. The State 14/98 01/55
Serupepeli Cerevakawalu v. The State 24/01 01/229
Sheik M. Hussein v. The State 32/98 01/120
Shiu Ram v. Parma Nand 3/98 01/135
Shiu Ram & Pradhuman v. Parma Nand Maharaj 31/99 01/255
Siga Lesumailau & Anr v. The State 23 & 30/00 01/238
Sudesh Jeet v. The State 36/99 01/142
Suresh Charan v. Bans Raj 42/99 01/150
Suresh Charan v. Bans Raj 42/99 01/270
The Medical Superintendent & Anr. 50/00 01/81
v. Abdul Hafeez Ismail
Vinod Kumar v. The State 24/00 01/66
Vinod Lal v. The State 4/01 01/154
Vinod Lal v. The State 4/01 01/273
PARTIES SUBJECT DESCRIPTION FCA PAGE
NO. NO.
John Yogendra Singh APPEAL Appellant at large- whether 25/99 01/35
v. The State constitutional right of appeal forfeited-
appeal adjourned to allow appellant to
appear.
Mohammed Yakub Khan APPEAL Sequence of calling witnesses- 43/01 01/281
v. Ambaram Narsey application for leave to appeal against
Properties Limited direction by the High Court dismissed-
observations on presumption against
granting leave to appeal interlocutory
procedural orders.
Suresh Charan APPEAL A further attempt to prosecute an 42/99 1/150
v. Bans Raj appeal which has already been
disposed of is an abuse of the
process of the Court.
Suresh Charan APPEAL Application for leave to appeal to 42/99 01/270
v. Bans Raj the Supreme Court dismissed.
Vinod Lal v. APPEAL It is not in the public interest that 4/01 01/273
The State defences based on a foundation lacking
potential credibility must be put before
assessors- no question of public
importance shown to exist- application
for leave to appeal to the Supreme
Court dismissed.
Ports Authority of Fiji ARBITRATION Submission to arbitrator- whether 22/01 01/94
v. C&T Marketing Ltd terms of reference enlarged by
agreement or by prayer for general
relief- award varied.
Rewa Co-Op. Dairy COMPANY Dissatisfaction with voting Articles 48/98 01/217
Co. Ltd v. Sharon LAW cannot justify significant postponement
Julie Anne MacKenzie of AGM- appeal dismissed.
John Yogendra Singh CONSTITUTION Appellant at large- whether 25/99 01/35
v. The State constitutional right of appeal forfeited-
appeal adjourned to allow appellant to
appear.
Sudesh Jeet v. CONSTITUTION Lengthy detention of suspect prior 36/99 1/142
The State to confession- a clear breach of
Section 27 (1) (b) – conviction
quashed- retrial ordered.
Maria Asumita CRIME: Homicide- killing of young child - 5/01 01/198
Babakobau v. The State DEFENCES defence of diminished responsibility
not part of the law of Fiji.
Romanu Naceva CRIME: Difficult and complex trial involving 14/98 01/55
v. The State DEFENCES multiple defendants- withdrawal of
counsel leaving accused unrepresented-
whether trial should be aborted-
appeals allowed.
Vinod Lal v. CRIME: Appeal against conviction for 4/01 01/154
The State OFFENCES murder dismissed on the facts.
Ilibera Verebasaga CRIME: Homicide- whether murder or 42/00 01/191
v. The State PROCEDURE infanticide- onus of proof- no
misdirections in summing up-
appeal dismissed.
Rakesh Chand v. CRIME: Appeal against decision to refuse 56/99 01/166
The State PROCEDURE adjournment- discussion of applicable
principles- appeal dismissed.
Romanu Naceva CRIME: Difficult and complex trial involving 14/98 1/55
v. The State PROCEDURE multiple defendants- withdrawal of
counsel leaving accused unrepresented-
whether trial should be aborted-
appeals allowed.
Serupepeli Cerevakawalu CRIME: Plea of guilty to defective 24/01 01/229
v. The State PROCEDURE unparticularised charge- sentencing
on basis of wrong maximum
penalty- entire proceedings a nullity-
convictions quashed.
Sheik Hussein v. CRIME: State appeal against acquittal 32 & 01/120
The State PROCEDURE dismissed on the facts- second 34/98
accused’s appeal against conviction
allowed following failure by trial
Judge to direct assessors on
relevance of accused’s previous
convictions.
Siga Lesumailau v. CRIME: Robbery with violence- strong 23 & 01/238
The State PROCEDURE prosecution case- appeals against 30/00
conviction dismissed- need for
identification parades to be conducted
with scrupulous fairness emphasised.
Flour Mills of Fiji Ltd. DAMAGES Workplace accident- severe injuries 56/99 01/24
v. Jai Rai to both arms requiring amputation-
award of general damages upheld-
FNPF multiplier varied- award for
nursing care increased.
Niranjans Autoport DAMAGES Traffic accident- moderate injuries 5/01 01/87
Ltd v. Ram Karan to taxi driver- appeal against award
for prospective loss of earnings
dismissed.
Renuka Shankar v. DAMAGES Traffic accident- personal injuries- 3/01 01/104
Chandar Gopalan Naidu severe personality change- loss of
income – appeal dismissed.
The Medical DAMAGES Medical negligence leading to 50/00 01/81
Superintendent v. death- damages for pain and
Abdul Hafeez Ismail suffering and compensation to
relatives reduced- commencement
date for award of interest varied.
Kamoe R. Varea EMPLOYMENT Summary dismissal- whether 85/98 01/75
v. Fiji Times Ltd misconduct sufficiently serious to
justify- appeal allowed- remitted to
High Court for assessment of damages.
Shiu Ram v. ESTATE Administration- appeals against 3/98 01/135
Parma Nand orders made by the High Court
dismissed on the facts.
Anwar Ali v. EVIDENCE: Evidence of conversation with 39/99 01/1
The State CRIMINAL police officer properly admitted-
appeal dismissed on the facts.
Daniel Azad Wali v. EVIDENCE: Misdirection to assessors on 93/99 01/5
The State CRIMINAL evidence of corroboration- appeal
allowed- retrial ordered.
Frederick Katafono v. EVIDENCE: Unrepresented appellant’s 47/99 01/32
The State CRIMINAL conviction set aside and fresh
trial ordered following application
to adduce fresh evidence.
Vinod Kumar EVIDENCE: Confession statement wrongly 24/00 01/6
v. The State CRIMINAL admitted- consequential effect
on weight to be accorded to
uncorroborated evidence of an
accomplice- appeal allowed-
retrial ordered.
Abdul Hussein v. LAND NTR 66/98 01/158
National Bank of Fiji
Ambika Prasad LAND Action for possession of land- 27/99 01/17
v. Santa Wati title of registered owners impeached
on grounds of fraud- what
constitutes fraud and whether
established- appeal dismissed.
Shiu Ram Pradhuman LEGAL Counsel should not appear in a 31/99 01/255
v. Parma Nand Maharaj PRACTITIONERS matter in which they have sworn an
affidavit but where the effect of the
affidavit is spent counsel should not
be refused audience- an application to
set aside must be brought promptly and
in order to succeed a real prospect of
success must be demonstrated.
Housing Authority PRACTICE: Appeals against refusal by High 26/01 01/90
v. Penioni Bulu CIVIL Court to allow consolidation and
inclusion of counterclaim dismissed.
Mohammed Yakub Khan PRACTICE: Sequence of calling witnesses- 43/01 01/281
v. Ambaram Narsey CIVIL application for leave to appeal against
Properties Limited direction by the High Court dismissed-
observations on presumption against
granting leave to appeal interlocutory
procedural orders.
Shiu Ram Pradhuman PRACTICE: Counsel should not appear in a 31/99 01/255
v. Parma Nand Maharaj CIVIL matter in which they have sworn an
affidavit but where the effect of the
affidavit is spent counsel should not
be refused audience- an application to
set aside must be brought promptly and
in order to succeed a real prospect of
success must be demonstrated.
PSC v. Rusiate PUBLIC Dismissal from Prisons 24/01 01/206
Tagicakibau SERVICE Department- breach of statutory
disciplinary procedures- failure to
afford opportunity to grievor to
make representations prior to
decision to dismiss- appeal dismissed.
Anthony Graham Smith SENTENCE Appeal against sentence of 15 11/01 01/185
v. The State months imprisonment for fraud
and possession of cannabis dismissed-
observations on the entitlement of accused
persons to be treated with appropriate
courtesy.
Eparama Sogotubu SENTENCE Manslaughter of the gravest kind- 1/00 01/19
v. The State sentence of 8 years imprisonment
upheld.
Inoke Buli v. SENTENCE Rape of mentally retarded 3/00 01/47
The State stepdaughter by repeat offender-
appeal against sentence of 12 years
imprisonment dismissed.
Kitione Vesikula SENTENCE Multiple rape- appeals against 14 & 01/39
v. The State sentence of 10 years imprisonment 59/99
dismissed.
Siga Lesumailau v. SENTENCE Robbery with violence- appeal 23 & 01/238
The State against 6 years imprisonment 30/00
dismissed.
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