Khan v Ali [2002] FJHC 76; HBA0018R.2001S (11 December 2002)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL APPEAL NO. HBA0018R OF 2001S

BETWEEN:

IQBAL KHAN
trading as IQBAL KHAN & ASSOCIATES
of Lautoka Barrister and
Solicitor.
APPLICANT

AND:

NAUSHAD ALI
c/- Tebara Halal Meat Nausori Limited, Company Director.
RESPONDENT

Counsel for the Applicant: Abhay Singh, A.K. Singh & Associates, Nausori
Counsel for the Respondent: F. Hanif, Messrs Munro Leys & Co.

Date of Ruling: 11 December 2002
Time of Ruling: 12.20 p.m.

RULING

This is an application for leave to appeal an interlocutory Order made by this Court.

The ground for the application for leave to appeal is that the Court had erred in law in ordering the Applicant to pay $10,000.00 into Court as a condition of Stay of the execution of judgment entered against him in the Magistrates' Court and which was struck out in the High Court on appeal for Non-Appearance.

The condition precedent to a Stay is at the sole discretion of the Court. In its exercise, the Court is minded to consider all the circumstances of the case, including the merit or otherwise of the appeal. In my view, so long as the condition or conditions imposed are not oppressive or harsh or actuated by improper motives or misconception of the law, a Court would not be acting outside its powers. The payment into Court in this instance does not in any way prejudice the Appellant's appeal.

In all the circumstances of this case, the Court is of the view that the imposition of the payment of $10,000.00 into Court as a condition precedent to the Stay is proper.

The application for leave and Stay is refused.

Costs of $250.00 to be paid within 7 days to the Respondent.

F. JITOKO
JUDGE

At Suva
11 December 2002