Davidson v Rashid [1922] FJLawRp 4; [1908-1925] 2 FLR 92 (20 April 1922)

[1922] 2 FLR 92

SUPREME COURT CASES OF FIJI

[APPELLATE JURISDICTION.]

[ACTION No. 41, 1922.]

LESLIE DAVIDSON v. JOE A. RASHID.

1922, April 20.

Writ of Prohibition - nature of.

Held, cannot issue from Supreme Court to its own Commissioner.

Sir CHARLES DAVSON, C.J. It is of the essence of a writ of prohibition that it is issued by a superior to an inferior Court.

The Court of a District Commissioner sitting under the Summary Procedure Rules is not an inferior Court, but is part of the Supreme Court with a jurisdiction limited as to place and value. A writ of prohibition cannot therefore properly issue from the Supreme Court to an officer sitting as its own Commissioner (Ord. 7 of 1875, sec. 34).

Inasmuch, however, as it appears to me that the cause of action in this case did not arise in the district within the meaning of Rule 11 of the Summary Procedure Rules 1916, I, by virtue of the powers vested in me, direct that the District Commissioner do not proceed further in this case.

I allow costs against plaintiff.