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Fiji Islands - Court of Appeal Digest 1991-2000 - Constitution |
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.
Alifereti Naqiri v The State
CONSTITUTION
Suspect detained prior to arrest - breach of requirements of Constitution Section 6- comparison with breach of Judges' Rules- admissibility of record of interview following breach.
11/93
94/530
Attorney General v Dharmendra Prasad
CONSTITUTION
Wrongful imprisonment – protection afforded to RM by Magistrates’ Court Act (Cap.14) Section 65(2) - Constitution (1990) Section 19(1) creates a new remedy to which the State Proceedings Act (Cap.24) affords no protection.
36/94
95/209
Attorney-General v Dharmendra Prasad
CONSTITUTION
Wrongful imprisonment- contravention or right to personal liberty under s.6 of Constitution- discussion of the nature of redress - nature of compensation claim- relationship between Sections 6 and 19 considered- possible defences available- appeal dismissed.
5/96
96/223
Attorney-General v Samuela Matawalu
CONSTITUTION
Constitution of Fiji Chapter IV s. 22- whether election candidate a Fiji citizen- dual citizenship- resumption of citizenship- appeal dismissed.
57/95
96/107
Fred Wehrenberg v The State
CONSTITUTION
Sections 111, 114(1), 115(1) of the Constitution- extent of right of appeal in absence of conviction- Court of Appeal Act Cap 12- Section 3 (2)(a)- observations on need for impartiality in the prosecution process.
16/96
96/134
Girdhar Lal Raniga v Merchant Bank of Fiji
CONSTITUTION
Mareva Injunction - principles governing -Writ ne exeat civitate not harsh, unreasonable or unconstitutional.
31/93
94/339
James Michael Ah Koy v Registration Officer
CONSTITUTION
Constitution of Fiji 1990 sections 100(4) & 156 (1) (a)-whether appellant "Fijian" and entitled to be registered on VKB-discussion of customs, tradition and practice-principles of interpretation of Constitution-appeal allowed.
23/92
93/244
Kaylesh Chandra v The State
CONSTITUTION
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
Mahendra P. Chaudhary v. Attorney-General
CONSTITUTION
Contempt of Court- contempt at common law- scandalising the court- whether reasonably justifiable in a democratic society- Constitution 1997 Section 13 (2) (b).
9/98
99/170
Misaele Kulavere v. The State
CONSTITUTION
Section 121 (2) of the 1997 Constitution does not confer a right to appeal against the refusal of an application for costs following acquittal in a criminal trial.
33/98
99/291
Mo Xing Bo v Immigration Officer
CONSTITUTION
Seizure of Fiji passport - failure to renounce citizenship of birth - effect of Constitution (1990), Section 18(2) - appeal against refusal of JR dismissed.
13/95
95/241
Nivis Motor and Machinery Co. Ltd v Minister for Lands
CONSTITUTION
Leave to move for judicial review refused in the High Court- lack of evidence to counter matters & Mineral Resources raised by applicant- no discovery given by respondent- arguable case- shortcomings of present procedure discussed- availability of alternative remedy- compulsory acquisition of land- Constitution 1990 Ss 9 (1) (c), 6 (3) - appeal allowed.
17/98
98/483
PSC v. Sashi Mahendra Lochan
CONSTITUTION
Power of Public Service Commission to transfer Judicial & Legal Services Commission appointee- no power if effect of transfer results in depriving appointee of power to perform previous duties- power of PSC to transfer as a result of misconduct- power not exercisable on ground of mere suspicion- Constitution 1990 Sections 124 (1), 154 (1) - PSC (Constitution) Regs. 12 19(1).
77/98
99/284
Ram Swamy v. Padma Wati
CONSTITUTION
A single Justice of Appeal does not have power to grant leave to appeal to the Supreme Court and an application for a stay pending appeal should also be made to the Full Court.
70/95
97/94
Ratu Jeremaia Natauniyalo v NLC & Ratu Akuila Koroimata
CONSTITUTION
A decision of the Native Lands Commission invalidly reached is judicially reviewable notwithstanding Section 100 (4) of the 1990 Constitution.
67/97
98/455
Ratu Nacanieli Nava v Native Land Commission
CONSTITUTION
Decisions of the Native Lands Commission concerning customary law are not reviewable by the Courts – Constitution 1990 Section 100(4).
55/93
94/490
Savenaca Pe v The State
CONSTITUTION
Appeal against conviction- whether summing up adequate- whether trial unreasonably delayed- Constitution 1990 Section 11(1)- appeal dismissed.
13/95
96/202
Suresh Charan v. The Housing Authority
CONSTITUTION
The power of an appellate Court to review its own decision will not be exercised for the purpose of re-agitating arguments already considered by the Court- questions of law which are merely of importance to the parties are not of significant public importance within the meaning of Section 122(a) of the 1997 Constitution.
15/97
99/101
The State v. Afasio Mua & Ors
CONSTITUTION
Sedition-Penal Code (Cap.17) sections 66 (1) (a) and 65 (1)(iv)-whether incitement to violence a necessary ingredient of the offence- observations on rules of statutory interpretation- Constitution of Fiji 1990 section 13(2)(a)- observations on approach to be adopted by the Court to prosecutions for sedition- appeal allowed.
16/91
92/413
Umesh Kumar v. The State
CONSTITUTION
Rape- aggravated circumstances- young child- violence- serious injuries- long delay in hearing appeal- guidelines- sentence increased to 7 years imprisonment- constitutionality of corporal punishment doubted.
9/97
99/374
© Michael Dishington Scott 2000
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