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Koya v Dominion Finance Ltd [2011] FJHC 789; HBA07.2010 (7 November 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Appeal No HBA 7 of 2010
(Civil Action No. 193 of 2009)

BETWEEN:

SIDDIQ FAIZAL KOYA (father's name Siddiq Moidin Koya and MUBARKA KOYA father's name Mohammed Munif both of Flat 3, Lot 8, ATS Subdivision, Namaka, Nadi, Magistrate and Businesswoman respectively.
Appellant – Defendants

AND:

DOMINION FINANCE LIMITED a limited liability company having its registered office at Suva.
Respondent - Plaintiff

Appearances:

Q. Vokanavanua [on instructions of T. Draunidalo] for the Appellant – Defendants.
M. Latianara on instructions of R. Patel Lawyers for Respondent - Plaintiff

History of Cases
Solicitors of both parties informed by Court Clerk through Registry to be before Judge at 11.00am.

Court informs parties on follows;

The counsel appearing today are informed by this Court that this Judge wishes to withdraw from writing the judgment in appeal in this matter and whether the parties are willing for another Judge to write and deliver the judgment on the hearing proceedings which are in typed form and on the written submissions filed. I inform parties that only yesterday (Sunday – 6/11/2011) that the 1st named Defendant who I realized is a Judicial Officer (Magistrate) came up to me and shook hands with me in a public place. This Court thinks that it is its duty to bring that incident to the notice of both parties and to adhere with the principle that justice must not only be done but it must also seem to be done, and that this Court as such, has come to know that the 1st named Defendant is a Judicial Officer known to him, this Court should withdraw immediately from any further proceeding in this matter.

Both counsels state that they wish to consult counsels who have the carriage of this appeal matter. They undertake to bring to their notice, being to R. Patel Lawyers and Ms. Draunidalo of the above and for them to be present before Court tomorrow 8/11/2011 at 10.00am for this Court to withdraw from these proceeding or make further directions on the submission or agreement of parties.

Mention on 8/11/2011 at 10.00am.

Sgd.
Y. I. Fernando
Judge

7/November/2011