Chand v Prasad [2025] FJCA 69; ABU116.2023 (25 April 2025)

IN THE COURT OF APPEAL, FIJI
[On Appeal from the High Court]
CIVIL APPEAL NO. ABU 116 of 2023
[In the High Court at Lautoka Case No. HBC 065 of 2020]

BETWEEN:
SAILESH CHAND of Nasau, Nadi, Mechanic.
Appellant
[Original Defendant]

AND:
DAVENDRA PRASAD of Nasau, Nadi, Farmer as the Soles Executor and Trustee of the Estate of Sambu Prasad aka Sabhu Prasad aka Shambhu Prasad, Deceased.
Respondent
[Original Plaintiff]

Coram: Prematilaka, RJA

Counsel: Ms. C. Naicker for the Appellants
Mr. S. Kumar for the Respondent

Date of Notice of
Discontinuance: 16 April 2025

Date of Ruling: 25 April 2025

RULING IN CHAMBERS

[1] I as a single Judge already delivered the Ruling in this appeal on 14 April 2025^[1] and the orders were as follows:

‘Orders of the Court:

1. Abandonment of the appellant’s appeal in ABU 116 of 2023 is declared null and void.
2. Appellant’s appeal in ABU 116 of 2023 is pro forma reinstated.
3. Appellant is directed to apply to the Chief Registrar within two weeks hereof for an extension of time to pay security for cost.
4. If the appellant fails to comply with order [3], I hereby sanction the abandonment of the appeal in ABU 116 of 2023 without any further notice of abandonment being served on him by the Chief Registrar.
5. The appellant is directed to terminate the proceedings in ABU 051 of 2024 by filing a notice of discontinuance within two weeks hereof.
6. No order for cost.’
   

[2] As per Order 5 of my Ruling, the appellant’s solicitors has filed a notice of discontinuance and summons for extension of time to pay security for cost (see Order 3 of the Ruling) on 22 April 2023. The summons for extension of time to pay security for cost must be issued by the Chief Registrar and not by me as a single Judge.

Orders of the Court:

[1] The application by the appellant to withdraw/discontinue the appeal is allowed.

[2] Appeal is accordingly dismissed in terms of section 20(1)(h) of the Court of Appeal Act.

[3] No costs.

Hon. Mr. Justice C. Prematilaka
RESIDENT JUSTICE OF APPEAL

Solicitors:
Messrs Fazilat Shah Lawyers for the Petitioner
Ravneet Charan Lawyers for the Respondent

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[1] Chand v Prasad [2025] FJCA 60; ABU051.2024 (14 April 2025)