The Supreme Court in Suva has dismissed an appeal for a defamation case filed by a landlord, ordering him to pay his former tenant $10,000 on June 28.
Landlord Dr. Uma Sharma, a dentist, and the former tenant Dr. Isireli Biumaitotoya, a Nadi-based doctor known as Leighly Darling, appeared before Acting Chief Justice Salesi Temo, Justice Lowell Goddard, and Justice William Young for the judgment.
Dr. Sharma initially sued Dr. Biumaitotoya for defamation in 2012, resulting in a 2019 High Court ruling from Lautoka that ordered Dr. Biumaitotoya to pay a $70,000 fine to Dr. Sharma. However, Dr. Biumaitotoya’s solicitor Anil Singh filed an appeal at the Court of Appeal in Suva, which was granted.
Dr. Sharma then sought permission to 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 payment of $10,000 to Dr. Biumaitotoya.
**Background**
The original case involved Dr. Biumaitotoya being ordered by the High Court in Lautoka to pay Dr. Sharma $70,000 in general damages and $29,400 in interest for defamation via an email in 2019. In this email, Dr. Biumaitotoya allegedly defamed Dr. Sharma by suggesting the property might go into receivership and referencing Dr. Sharma’s marital problems, discouraging others from renting there.
The case began at the High Court in Lautoka in 2012, with Justice Jude Nanayakkara delivering a ruling on May 7, 2019. Dr. Sharma had originally requested Dr. Biumaitotoya to vacate the premises and filed two cases to recover unpaid rent.
**Determination**
The Court of Appeal examined the email’s content to assess its meanings. Justice Temo disagreed with Justice Jude Nanayakkara’s earlier judgment, stating it failed to address the truthfulness of the defamatory claims. He argued that the trial should have considered whether the email was defamatory based on its ordinary language.
Justice Temo also noted that Dr. Biumaitotoya’s testimony was more credible, highlighting inconsistencies in Dr. Sharma’s statements during cross-examination. The court also found that Dr. Sharma had harassed Dr. Biumaitotoya by opening a fish shop next to his surgery and welding his surgery door shut.
The court concluded that Dr. Sharma’s actions demonstrated poor landlord behavior, with his marital issues affecting his professional relationships. Justice Temo granted the leave to appeal but ultimately dismissed the appeal application, ordering Dr. Sharma to cover Dr. Biumaitotoya’s costs.