The High Court n Lautoka is expected to rule on the case between two former Social Democratic Liberal Party members Taitusi Rasoki Kata and Ilaitia Bavadra who filed a new legal challenge against four members of the party this month.
Last month Justice Anare Tuilevuka heard submissions made from the pair’s lawyer Kalisito Maisamoa and SODELPA counsel Romanu Vananalagi who opposed the new legal challenge made against his clients Ratu Apenisa Cakobau, Ratu Naiqama Lalabalavu, Emele Duituturaga and Lenaitasi Biaukula.
In court, Mr Vananalagi argued that the new application filed by the plaintiffs was an abuse of process after the court had ruled against Mr Kata and Mr Bavadra on February 23, 2021, by striking out their original summons.
He said their former lawyer Saimoni Nacolawa had every opportunity to withdraw or amend their affidavit of the original summons, but instead left the court to decide on the matter.
He added that the only available option left to the opposing parties was to appeal the High Court decision made in February.
In response, Justice Tuilevuka said the strike-out ruling made in February was not based on merit, but on a technical error.
He said this was properly explained to Mr Nacolawa who conceded to his weakness and left the court to decide on the matter.
He said the plaintiffs had nothing to appeal.
In his submissions, Mr Maisamoa said the application made by his clients was a new proceeding.
He said the matter would only be an abuse of the court process if his clients decided to file a new proceeding when the High Court had already delivered a ruling.
He said in this case the court had yet to make a ruling.
Justice Tuilevuka is expected to deliver his judgement this Friday.
