The availability of judge hours for the hearing of cases is notoriously limited.

These are the words of Lautoka High Court judge Justice Sosefo Inoke while dealing with a civil case which was filed back in July 2004.

The case is one of those where the matter had gone to trial in August 2008 but judgment remained undelivered as the trial Judge was not reappointed to the bench after the events of 10th April, 2009.

The defendants in the case asked for a retrial as they did not agree with that the judgment can be delivered on the trial judges notes and counsels submissions.

Justice Inoke stated that even now, he is fully booked for the whole of 2010 with trials and any new matters ready for hearing in 2010 will have to wait until 2011.

He said if he were to order a retrial it will be another year before the matter is reheard.

He said by the time the matter is reheard, legal costs may have well exceeded the claim of $11,000, if not already.

Similarly in another civil matter, Justice Inoke noted that the trial judge was no longer on the bench and the Deputy Registrar wrote to both parties seeking their views on how to proceed.

In both cases, Justice Inoke said cases must proceed as not only does the court have discretion by way of jurisdiction, it also has discretion by way of case management.