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Masirewa v Colonial Mutual Life Assurance Society Ltd [2001] FJHC 136; Hbc0063D.1999 (9 February 2001)

IN THE HIGH COURT OF FIJI
(AT SUVA)

Civil Action No. HBC 63 of 1999

Between:

MOSESE MASIREWA
and
ANA MASIREWA
First Plaintiffs

and

SKY INVESTMENTS LIMITED
Second Plaintiff

and

COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LTD
First Defendant

and

D.S. ROBERTSON
Second Defendant

No appearance by the First Plaintiffs
Mr. Naco for the Second Plaintiff
G. O”Driscoll for the Defendants

DECISION

The Plaintiffs have a motion before the Court seeking a number of orders which on the face of it are not available under the provisions of RHC O 29.

The Counsel for the Plaintiffs (Mr. Peter Howard) has written to the Court advising that he has withdrawn. His withdrawal does not comply with the provisions of RHC Order 67 r 6.

Two third parties have purportedly been joined but their joinder did not, on the face of it, comply with the requirements of RHC O. 49.

Mr. O’Driscoll advised me that these proceedings are substantially the same as 340 and 377 of 2000 now pending before Pathik J. He also advises me that proceeding were commenced in 1998 by the First Defendant arising out of the same mortgage.

In all these circumstances I am satisfied that this action should be stayed to await the outcome of the proceedings before Pathik J.

I will grant all parties liberty to apply for further directions.

A copy of this Decision is to be placed before Pathik J.

M.D. Scott
Judge

9 February 01.