Shankar v Druavesi [1994] FJHC 48; Hbc0222d.94s (13 May 1994)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC 222/943

BETWEEN

DIWAN SHANKAR
f/n Hari Shankar
PLAINTIFF

AND

EMA DRUAVESI
DEFENDANT

Mr. Savu Counsel for the Plaintiff

Date of Hearing: 13th May, 1994
Date of Decision: 13th May 1994

DECISION OF PAIN J.

This is an ex-parte application for an injunction, made pursuant to Order 29 Rule 1. That Rule provides for the grant of an interlocutory injunction to be made on "an application by any party to a cause or matter before or after trial of the cause of matter". This application by the Plaintiff seeks an injunction against "The President, Fiji Trades Union Congress." There is no cause or matter commenced in this court by the Plaintiff against such person, nor has it been suggested that any such action is contemplated. Accordingly the application is not authorised by Order 29. That order is restricted to interlocutory injunctions between parties to an action that has been commenced or is about to be commenced. The court has no jurisdiction under Order 29 to make the order sought. It is therefore not necessary to consider whether such an order would be justified on the papers or whether such an order could issue against a party named by office and not by name.

The application is refused.

JUSTICE D.B. Pain

HBC0222D.94S