Hussein v National Bank of Fiji [2002] FJCA 81; ABU0066.1998S (26 February 2002)

IN THE COURT OF APPEAL, FIJI ISLANDS
ON APPEAL FROM THE HIGH COURT, FIJI ISLANDS

CIVIL APPEAL NO. ABU0066 OF 1998S
(High Court Civil Action No. HBC 0331 of 1994S)

BETWEEN

ABDUL KADEER KUDDUS HUSSEIN
Appellant

AND:

NATIONAL BANK OF FIJI
Respondent

Coram:Reddy, P
Barker, JA
Davies, JA

Hearing: Tuesday 26 February 2002, Suva

Counsel: Appellant in Person
Mr. Subhas Parshotam for the Respondent

Date of Oral Judgment: 26 February 2002

ORAL JUDGMENT OF THE COURT

Reddy, P., Presiding Judge

There are two applications before the Court. First, the Appellant seeks leave of this Court to appeal to the Supreme Court. If leave is granted, he seeks a stay of all proceedings in the matter until the final determination of his appeal by the Supreme Court.

The Appellant’s petition sets out four proposed grounds of appeal. None of the grounds raise any questions of public importance calling for further argument and decision of the Supreme Court. Nor do they raise any questions of general principle requiring consideration and decision by the Supreme Court. All the points raised involve decisions on the particular facts of this case.

Since none of the grounds raise questions of significant public importance leave is refused. The application for stay must also be refused.

Barker JA

I agree that both applications should be dismissed for the reasons given by the Presiding Judge.

Davies JA

I also agree.

Reddy P

In accordance with the unanimous opinion of the Judges both applications are dismissed. No order as to costs.

Hon J.R. Reddy
Presiding Judge

Hon Sir Ian Barker
Justice of Appeal

Hon Justice J. Davies
Justice of Appeal