Prakash v Kumar [2016] FJMC 169; Civil Appeal 16.2015 (14 July 2016)

IN THE MAGISTRATE’S COURT
AT NAUSORI
IN THE CENTRAL DIVISION
REPUBLIC OF FIJI ISLANDS
CIVIL JURISDICTION

Civil Appeal No: 16 of 2015
SCT Claim # 266/2015

Jai Prakash
Appellant /Original Claimant
.v.

Mahen Kumar

Respondent/Original Respondent

Appearances and Representations
For Appellant: In Person
For Respondent : In Person

Judgment

1. Introduction

The Appellant/Original Claimant in this action has appealed the decision of the Referee, dated 13^th July 2015 where the Referee concluded that the claim bore no merit and dismissed the claim.

Both parties agreed to hear the matter by way of written submissions.

2. The Grounds of Appeal

The Appellant grounds for appeal are as follows:

(a) the Referee did not consider the appellants side of story.

(b) the Referee did not fairly conduct the proceedings.

3. The Law

Section 33 of the Small Claims Tribunal Decree 1991 provides that:
“(1) Any party to proceedings before a Tribunal appeal against an order made by the Tribunal under section 15(6) or section 31(2) on the grounds that:

(a) the proceedings were conducted by the Referee in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings; or

(b) the Tribunal exceeded its jurisdiction.”

The scope of appeals from SCT is extremely limited. The appeal only lies where it can be said that either the proceedings were conducted in a manner which was unfair to the appellant and prejudicially affected the result of the proceedings or the Tribunal exceeded its jurisdiction. There can be no appeal on merits: Sheet Metal and Plumbing (Fiji) Limited v. Deo – HBA 7 of 1999.

4. Observations
   

The primary concern of this Court is whether the appellant has met the threshold set out in section 33(1) (a) or (b) of the Small Claims Tribunal Decree.

The Court has noted the grounds of appeal as filed by the Appellant. From the Courts perusal of the records and noting the submissions of the parties the Court finds that the Referee noted all the evidence that was before him. The Referee properly evaluated the evidence before him. He heard the witnesses and the parties and made his decision after hearing them.

The Court notes that the Referee fairly dealt with the matter. The Referee heard both parties and then decided the matter. The claim was dealt with fairly and the Court finds that the decision that the Referee came up with is after a careful evaluation of all the materials and evidence presented to him.

The Referee acted within his jurisdiction.

5.) Conclusion

The appellant has not met the threshold set out in section 33(1) (a) & (b) of the Small Claims Tribunal Decree 1991.

For the given reasons given above, the appeal fails. Any party aggrieved with this Ruling has the right to appeal to the High Court within 30 days.

Chaitanya Lakshman
RESIDENT MAGISTRATE
14th July 2016