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Dabwido v Seymour [2020] NRCA 1; Civil Appeal 2 of 2020 (8 September 2020)

IN THE NAURU COURT OF APPEAL

AT YAREN

APPELLANT JURISDICTION Civil Appeal No.2 of 2020

BETWEEN: Sprent Dabwido

Applicant

AND: Nita Seymour

Respondent

BEFORE: Chief Justice F. Jitoko

APPEARANCES:

Counsel for the Applicant: E. Soriano

Counsel for the Respondent: D. Aingimea

Date of Hearing: 8 September, 2020

Date of Ruling: 8 September, 2020

Case may be cited as: Dabwido v Seymour

^{Issue of recusal
RULING}

1. I had, as the Registrar of this Court, dealt with this case at its early stages, including the issuance of an injunction order in favour of the Applicant on 2 March, 2017; the default judgment entered on 18 May 2017, and the Declaration to Ownership of the house on Land Portion 262 Buada District of 14 June 2017.
2. Mindful of my earlier role in this case, I had met both counsels in Chambers this morning to raise the issue. The most important question is, given my earlier involvement would there be a perception of bias from either of the parties to the proceedings, if I should continue to hear the case.
   
3. I informed Counsel that I was prepared to continue with the hearing of the case, if both parties agree. Counsel for the Applicant did not have any objection, but Counsel for the Respondent expressed some reservations.
   
4. The issue of the independence and absence of bias of the Court forms the fundamental tenet of our justice system. It is true that the mere fact that I had earlier decided on issues adversely to the respondent, is not generally considered a reason to recuse myself from further hearings of the matter. However, in the overall consideration of the case and the additional factor of my ruling in a related matter involving with the same parties, I am satisfied, that it would be in the best interest of justice that I recuse myself from hearing this case.
   
5. The matter is adjourned before the Registrar for re-allocation.
   

____________________
Filimone Jitoko
Chief Justice
President Court of Appeal