Mal v Sahib [2019] FJSC 16; CBV0004.2017 (24 April 2019)

IN THE SUPREME COURT OF FIJI
APPELLATE JURISDICTION

Civil Petition No. CBV0004/2017
[Court of Appeal ABU 0051 of 2015]
[High Court Civil No. 002 of 2015]

BETWEEN:
SURUJ MAL
Petitioner

AND:
SHEIK ABDUL RASHEED SAHIB
Respondent

Coram: Gates J

Counsel: Mr. R. Harper for the Petitioner
No appearance by Respondent

Date of Hearing: 5^th September 2017
Date of Ruling: 24^th April 2019

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R U L I N G

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[1] The petition seeking leave to appeal was lodged on 5^th April 2017. The Registrar as required by Rule 6(1) of the Supreme Court Rules 2016 fixed security for costs. He did so at $5,000. The Registrar wrote to the solicitors for the Petitioner informing them of the costs fixed.

[2] On the 1^st August 2017 a letter was sent by the Registrar to the petitioner’s solicitors informing them that they had failed to pay the security for costs within the 30 days required by Rule 6(4).

[3] Accordingly the Registrar informed the President of the default by the Petitioner in the prosecution of the petition [Rule 16(1)]. The matter was set down with due notice for hearing on 5^th September 2017. The notice warned of the possible consequences of default pursuant to Rule 17(2).

[4] Mr. Harper courteously attending informed the court that the Petitioner “cannot afford to pay costs and therefore cannot proceed with his appeal.”

[5] In the circumstances there being non-compliance with the Rules and no attempt to rescue the petition, I must order the petition to be dismissed.

[6] Since there has been no attendance by the Respondent, there will be no order for costs.

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The Hon. Mr. Justice Anthony Gates
Judge of the Supreme Court

Solicitors:
Messrs. Maqbool & Co. for the Petitioner
No appearance by the Respondent

uln

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