Jaduram Industries Ltd v Hussain [2023] FJCA 187; ABU00347.2021 (4 September 2023)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]

CIVIL APPEAL NO. ABU 0037 of 2021
[Labasa Civil Action No: 62 of 2016]

BETWEEN:

JADURAM INDUSTRIES LIMITED
Appellant

AND:

ABDUL SAHEED HUSSAIN

1^st Respondent

AND:

PACIFIC ENGINEERING PROJECTS LIMITED

2^nd Respondent

BEFORE: Dr. Almeida Guneratne, P

ON THIS 4^TH DAY OF SEPTEMBER, 2023

[1] The Appellant and the 1^st Respondent abovenamed have filed a joint Notice of Discontinuance dated 13^th June, 2023 (filed on 19^th June, 2023) in respect of the appellant’s appeal against the 1^st and 2^nd Respondents and the 1^st Respondent’s cross-appeal against the Appellant.

[2] The said notice having been submitted to me on 21^st August, 2023 I proceed to make order under Rule 12 of the Court of Appeal Act (the Act) as follows:

ORDERS:

1. The Notice of Discontinuance dated 13^th June, 2023 is accepted.
   
2. Consequently, there being no appeal on foot I make order dismissing the appellant’s appeal and the 1^st Respondent’s cross-appeal without costs in terms of Section 20(1)(h) of the Act.
   
3. Since the 2^nd Respondent abovenamed had been a party originally to the initial action and before this Court, the Registrar is directed to sane notice of this order in addition to the appellant and the 1^st respondent, the 2^nd respondent as well.
   

Hon. Justice Almeida Guneratne
PRESIDENT, COURT OF APPEAL

Solicitors:
Messrs. Gibson & Co. for the Appellant (Original Defendant)
Messrs. Sushil Sharma Lawyers for the 1^st Respondent (Original Plaintiff)
For the 2^nd Respondent (Original Third Party): Not a signatory to the Notice