The Supreme Court in Suva dismissed a defamation appeal brought by a landlord. The court ordered the landlord to compensate his former tenant, a doctor based in Nadi, with $10,000 on June 28.
Dentist Dr. Uma Sharma and former tenant Dr. Isireli Biumaitotoya, known as Leighly Darling, appeared before Acting Chief Justice Salesi Temo, Justice Lowell Goddard, and Justice William Young at the Supreme Court for the ruling.
Dr. Sharma had initially sued Dr. Biumaitotoya for defamation in 2012. By 2019, the High Court in Lautoka had ordered Dr. Biumaitotoya to pay a $70,000 fine to Dr. Sharma. Dr. Biumaitotoya’s lawyer, Anil Singh, successfully challenged this decision at the Court of Appeal in Suva. Dr. Sharma then sought permission for a further appeal and an extension of time at the Supreme Court.
The Supreme Court ruled in favor of Dr. Biumaitotoya, dismissing Dr. Sharma’s appeal and ordering the compensation to be paid to Dr. Biumaitotoya.
The case originated from an email sent by Dr. Biumaitotoya in 2019, in which he allegedly defamed Dr. Sharma by stating that the property might go into receivership and sharing details of Dr. Sharma’s marital issues, discouraging other doctors from renting the premises. The High Court in Lautoka had ruled in favor of Dr. Sharma, awarding him $70,000 in damages and additional interest.
However, on review, the Court of Appeal found the email non-defamatory and noted it did not address the truth of its contents. Justice Temo disagreed with the initial High Court ruling, indicating that the combined effect of statements of claim and defense introduced issues concerning the truth of the alleged defamation.
The court also heard that Dr. Sharma had harassed Dr. Biumaitotoya by opening a fish shop next to his surgery and welding his backdoor shut. These actions were seen as direct harassment and suggested Dr. Sharma’s negative influence.
Ultimately, the Supreme Court found Dr. Sharma to be a bad landlord by allowing personal marital issues to affect his professional relationship with Dr. Biumaitotoya. Justice Temo granted leave for the appeal but dismissed the appeal application, ordering Dr. Sharma to pay costs to Dr. Biumaitotoya.