The Suva’s High Court has dismissed the application of former SODELPA MP Ratu Isoa Tikoca to grant Leave to Appeal against the decision to set aside the Interlocutory Judgement entered against Tikoca.
The matter was called before High Court Judge Justice Vishwa D Sharma, in the Civil High Court, earlier.
- Tikoca had filed a summons in 2022 and sought for the following orders:
– That he be granted leave to appeal against the decision of the High Court to set aside the Interlocutory Judgement entered against him in 2019.
– That the execution of the Judgement dated in 2019 and 2022 be stayed pending the Determination of the application for leave to appeal.
– The Respondent (Aiyaz Sayed-Khaiyum) objected to the application and
-That both parties made submissions to the Court on the hearing dated 2023.
In his ruling, Justice Sharma said the issue for the Court is to determine is whether leave to appeal an interlocutory order together with stay of proceedings be granted or that reference is made to the case of Goundar v Minister for Health.
Justice Sharma said this is relevant to the current application…
“The Court has arrived at the finding that the impugned decision of the Court in 2022 on setting aside the default judgement entered in 2019 is an Interlocutory Order for all the purposes.”
“The next hurdle is that Tikoca has to face is the question of obtaining Leave to Appeal and is at liberty to seek for stay of proceedings as per summons filed in 2022.”
Justice Sharma said that he found: “The Decision and the order in question in the setting aside of the default judgement of in 2022 is no doubt an Interlocutory one and is not a final order or Judgment. In the light of the applicable law, no order granting Leave to Appeal and stay of proceedings would succeed and/or have been possible in favour of the Applicant/Defendant accordingly.”
“I find that the Applicant/Defendant has failed to adduce any evidence to show that there are exceptional circumstances in the current application for this Court to accede granting ‘Leave to Appeal and/or stay of proceedings, and/or leave to file emailed affidavit’ as sought for by the Applicant/Defendant herein.”
“Therefore, I have no alternative but to proceed to dismiss the Applicant/Defendant’s summons seeking for Leave to Appeal and stay of proceedings and leave to file emailed affidavit accordingly,” Justice Sharma said.
The file has been closed.
