Sherani v Fa (trading as Fa and Company) [2024] FJHC 453; HBA005.2024 (3 July 2024)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL CASE NO. HBA 005 OF 2024

TAJ MOHAMMED KHAN SHERANI
Appellant

ISIRELI FA TRADING AS FA AND COMPANY
Respondent

Appearances: Ms P Singh for the Appellant
Ms R Fa for the Respondent

Date of Judgment: 3 July 2024

EXTEMPORE JUDGMENT

[1] The Appellant applies for a stay of an order made by the Magistrates Court on 10 January 2024. The Summons seeking the stay was filed in the High Court on 28 March 2024. The stay was sought on the basis that the Appellant intended to appeal from the Magistrate’s decision.

[2] In a related matter, being HBA 004 of 2024, being an application by the Appellant for an enlargement of time to file his appeal, I have today declined that application. The effect of that decision on the present summons is that there is no prospect of a stay being granted.

[3] Accordingly the Appellant’s summons is dismissed.

[4] There will be no order as to costs.

.....................................
D. K. L. Tuiqereqere
JUDGE

Solicitors:
Lal Patel Bale Lawyers for the Appellant
Fa & Company for the Respondent