Sankaran v Goundar [2021] FJHC 393; HBA11.2017 (17 December 2021)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION
HBA 11 of 2017

BETWEEN:
SHIVA SANKARAN of Wairuku, Rakiraki
APPELLANT

A N D:
KAMLESH GOUNDAR of Wairuku, Rakiraki, Farmer

RESPONDENT

Appearances :Mr. Vakacakau N. for the Appellant/Applicant
:Ms. Anishni Chand for the Respondent/Respondent
Date of Hearing : 14 April 2021
Date of Ruling: 17 December 2021

R U L I N G

1. In Shankar v Goundar [2021] FJHC 140; HBA11.2017 (25 February 2021) I did set out at paragraphs 6 to 20 the background to this case. As I have said, this appeal has a rather chequered history. At the hearing of the appeal on 14 April 2021, Ms. Chand highlighted that the appeal was out of time and that the appellant had not sought extension of time from Court. Ms. Chand urges the Court to dismiss the appeal as no application has been sought to extend time. She relies on Sami v Pacific Feed Ltd [2006] FJHC232; HBC05.2014 (18 March 2016) and Hart v Air Pacific Ltd [1982] FJSC.74; Civil Action 19 of 1982 (21 December 1982); Saukuru v Sivam & Co. Ltd [2018] FJHC489; HBA06.2018 (11 June 2018).
   
2. Mr. Vakacakau concedes that it is an oversight on his part not to have applied for leave to appeal out of time. He urges this Court to deal with the objection as a “preliminary” but to then consider the merits of the application as well.
   
3. I agree with Ms. Chand’s submission. The appeal is dismissed. I cannot entertain it as I have no jurisdiction.
   
4. Costs to the respondent which I summarily assess at $850 -00 (eight hundred and fifty dollars only).
   

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Anare Tuilevuka

JUDGE

Lautoka

17 December 2021