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Emose v Attorney-General of Fiji [2002] FJHC 254; HBC0561d.1991s (16 August 2002)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0561 OF 1991

Between:

FREDDIE EMOSE
Plaintiff

and

ATTORNEY-GENERAL OF FIJI
Defendant

Mr. T. Fa for the Plaintiff
Mr. E. Tuiloma for the Defendant

DECISION

By Summons dated 2 July 2001 the defendant had applied to Court for dismissal of this action for want of prosecution. An Affidavit in Support by the defendant and an Affidavit in Reply in opposition by the plaintiff have been filed.

The history of this case and the chronology of events are the same as in Visesio Mua v Attorney-General C.A. 563/91. In this case also Mr. T.Fa is the solicitor on record for the plaintiff. The plaintiff states that he has now appointed a Mr. Shanti Lal f/n Hari Kissun with powers to act in his case in his absence in Rotuma. He wants to be given another chance to continue with his case.

The decision which I have given this day in the said Visesio Mua case relates to this case for it raises identical issue on similar facts.

Therefore, for the reasons given in the said case of Mua, the action is dismissed for want of prosecution There will be no order as to costs.

D. Pathik
Judge

At Suva
16 August 2002