Melinibula v Attorney-General of Fiji [2005] FJHC 457; HBC0591R.1998S (27 September 2005)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0591R OF 1998S

BETWEEN:

MACIU MELINIBULA
of Nabua Village,
Koro Islands, Farmer.
PLAINTIFF

AND:

ATTORNEY-GENERAL OF FIJI
DEFENDANT

Counsel for the Plaintiff: N/A
Counsel for the Defendant: H. Rabuku: Attorney-General’s Chambers

Date of Ruling: 27.09.2005
Time of Ruling: 9.30 a.m.

EX-TEMPORE RULING

Although this is the Plaintiff’s application to restore the action to the list, Counsel had failed to appear at the hearing.

For reasons that are obvious from the evidence and the affidavit of the Defendant, the Court has no alternative but to order that the Plaintiff’s action be dismissed. Not only has there been a total lack of effort on the part of the Plaintiff to prosecute the proceedings with despatch, but the long delay has placed the defence in an awkward if not prejudicial position. According to Counsel, the Defendant’s witnesses after the action began in 1998, for an offence allegedly committed in 1994, will have to be traced, and in some cases they have left the country permanently. It would, under all the circumstances of this case, be totally devoid of merit and unjustified, if the Plaintiff was allowed to now proceed with his action.

The Plaintiff’s action is dismissed. No order as to costs.

F. Jitoko
JUDGE

At Suva
27 September 2005