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Fiji Islands - Court of Appeal Digest 1991-2000 - Bailment |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Amina Koya v The State
BAILMENT
Court of Appeal Act S.33(2)- bail only to be granted in exceptional circumstances- onus satisfied- bail granted.
11/96
96/248
Apisai Sulua & Peniasi Vuniyacawa v The State
BAILMENT
Since no further appeal against sentence only lies to the Court of Appeal at the suit of an accused when the first appeal was brought in the High Court by the DPP no right to bail arises pending appeal.
2/98
98/70
Grahame Bruce Southwick v. The State
BAILMENT
Bail pending trial - whether High Court has jurisdiction to entertain appeal against grant by a Magistrates’ Court - whether Court of Appeal has jurisdiction to hear appeal against the decision by the High Court – whether such a decision final - appeal allowed.
29/96
97/34
Kaylesh Chandra v The State
BAILMENT
Application for bail pending trial in High Court - powers of FCA to grant bail - whether power to entertain appeal against refusal by High Court to grant bail pending trial - relevance of Section 115 of the Constitution - application dismissed for want of jurisdiction.
15/94
94/459
Mark Lawrence Mutch v. The State
BAILMENT
Application for bail pending appeal- prospects of success on appeal not obvious- application dismissed.
60/99
00/285
Ramesh Patel (No. 2) v. The State
BAILMENT
Leave to appeal out of time granted.
1/97
97/73
Ramesh Patel v. The State
BAILMENT
Whether appeals from Magistrates’ Courts lies before the final determination of the case- rights of prosecution to appeal bail decisions in the Magistrates’ Courts- relationship between Electable Offences Decree 1988 Section 4 and CPC Section 20 considered - appeals against stay orders dismissed.
17/96 & 1/97
97/288
Summit Retreading Co. Ltd v Courier Documents Parcels Service Ltd
BAILMENT
Whether reasonable care taken of goods stolen- Indemnity Guarantee and Bailment Act(Cap.232) sections 30,31 & 40-application for leave to call further evidence-Court of Appeal Rules(Cap.12) rule 22 (2)-conditions which applicant must satisfy -application refused.
39/91
93/159
© Michael Dishington Scott 2000
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