Injunction Order Suspended


The High Court injunction order placed against the Fiji Football Association (Fiji FA) and Lautoka Football Association (LFA) has been suspended.

The injunction order granted on November 7 restrained all the activities of LFA which meant that neither the Lautoka team nor member clubs of LFA could play official matches.

The ex parte application was filed by former LFA vice president Peter Singh who claimed that correct procedures were not followed during the LFA annual general meeting.

In a letter forwarded to Fiji FA by Samuel K. Ram, Barristers and Solicitors, Fiji FA was informed that Samuel K Ram made submissions to the Lautoka High Court on the 19th of November 2014 as follows: –

The injunction orders previously granted had restrained all the activities of LFA. Mr. Samuel Ram argued that the Plaintiff , Mr. Peter Singh had failed to show what harm he would personally face if the football tournaments in LFA took place.

Mr. Peter Singh obtained the orders without notice to the defendant’s (Ex-Parte). In this circumstance there is a duty to make full and frank disclosures of all the material facts. He did not disclose that he had been relieved from his position as Vice president of LFA and he was present at AGM that he was challenging. At the meeting he raised no objection as to the validity of the notice convening the AGM.

Fiji FA and LFA have comprehensive statutes, rules and regulations that provide for mechanisms to deal with disputes of this nature. This dispute has to be taken up internally.

The letter further states that “on the basis of the above submission and several other arguments the Honourable Judge of the High Court at Lautoka suspended the injunction orders until further order of the court,” Ram said.

“Mr. Iqbal Khan did not appear in court personally. He briefed another counsel to appear and matter was adjourned to November 21. Khan was not present again on November 21. He briefed a counsel to obtain a direction from the court for the matter to take normal course.”
The Lautoka High Court has adjourned the matter to January 28, 2015 and the Plaintiff has been given one month to file the response to an application by Fiji FA lawyers for striking out of all pending claims and costs against Mr. Peter Singh.

Fiji FA has been advised that damages will be sought against Mr. Peter Singh.

Source: Fiji FA Media.

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