New India Assurance Company Ltd v Singh [2000] FJCA 4; ABU0031.96S (24 February 2000)

IN THE COURT OF APPEAL, FIJI ISLANDS

CIVIL APPEAL NO. ABU0031/96S
(High Court Civil Action No. 289 of 1987L)

BETWEEN:

THE NEW INDIA ASSURANCE COMPANY LIMITED
Appellant

AND:

RAJESH KUMAR SINGH
ARUN KUMAR SINGH
Respondents

Coram: The Rt. Hon. Sir Maurice Casey, Presiding Judge
The Hon. Sir Mari Kapi, Justice of Appeal
The Hon. Justice Gordon Ward, Justice of Appeal

Hearing: Wednesday, 23 February 2000

Counsel: Mr V Kapadia for the Appellant
Mr R Prakash for the Respondents

Date of Judgment: Thursday, 24 February 2000

DECISION OF THE COURT

The appellant seeks leave under S.122(2)(a) of the Constitution to appeal to the Supreme Court against the judgment of this Court dated 26 November 1999. Leaving aside the submission by respondents’ counsel that no appeal lies in this case, we are satisfied that the questions sought to be raised are not of significant public importance. They are of concern only to the parties themselves.

Leave to appeal is refused.

Sir Maurice Casey
Presiding Judge

Sir Mari Kapi
Justice of Appeal

Justice Gordon Ward
Justice of Appeal

Solicitors:

Sherani & Co., Suva for the Appellant
Messrs Mishra, Prakash Ba, for the Respondent