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Mohammed Yakub Khan and Company Ltd v Carpenters Fiji Ltd [2008] FJCA 73; ABU0007.2007S (5 November 2008)

IN THE COURT OF APPEAL, FIJI ISLANDS
ON APPEAL FROM THE HIGH COURT OF FIJI

CIVIL APPEAL NO. ABU0007 OF 2007S
(High Court Civil Action No. 250 of 2001L)

BETWEEN:

MOHAMMED YAKUB KHAN
AND COMPANY LIMITED
Appellant

AND:

CARPENTERS FIJI LIMTED
Respondent

Coram: Pathik, JA
Powell, JA
Goundar, JA

Hearing: Wednesday, 5th November 2008, Suva

Counsel:Dr. Sahu Khan for the Appellant
D. Prakash for the Respondent

Date of Judgment: Wednesday, 5th November 2008, Suva

ORDERS

By consent the Court orders:

(1) Appeal allowed;

(2) Set aside the judgment of Finnigan J of 8 August 2005;

(3) There is to be a retrial before another High Court judge.

(4) The respondent is to pay the appellant’s costs as taxed or agreed.

Pathik, JA
Powell, JA
Goundar, JA

Solicitors:
Sahu Khan and Sahu Khan, Ba for the Appellant
Lateef and Lateef, Suva for the Respondent