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Koya v Dominion Finance Ltd [2011] FJHC 790; HBA07.2010 (8 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:

Faiz Khan for the Appellant – Defendants.
Ms. Qica for Respondent - Plaintiff

Counsels Submissions

DFL submits it shall consent to the presiding honourable Judge requising (sic.) (recuse) himself from the case provided the case is transferred to Suva High Court to maintain independence.

Orders

The Plaintiff by Mr. F. Khan moves that if this Court is to withdraw from writing the order, then this matter should be transferred to Suva as the 1st Defendant is a Judicial Officer in the Western Division and the same problem can arise again. The Defendant too has no objection to the matter be transferred to Suva. Both parties move that the matter be sent to Suva for De Novo proceeding of the Appeal Hearing.

As such the Appeal No. HBA 7/10 (HBA 007/2010) and the main Case No. HBC 193 of 2009 are to be transferred to Suva High Court for De Novo hearing of the Appeal in HBA 007 of 2010.

As such the Deputy Registrar is hereby directed to transfer HBA 007/2010 and HBC 193 of 2009 to Suva High Court forthwith. Both HBA 007 of 2010 and HBC 193 of 2009 have been consolidated by this Court before the Appeal Hearing and both parties wish that order to remain as such, both HBA 007/2010 and HBC 193 of 2009 to be taken up and fixed for Appeal Hearing before a Judge in Suva. Parties to be noticed by Suva High Court after transferred from Lautoka High Court in due course.
No cost.

Sgd.
Y. I. Fernando
Judge

8/November/2011