Sobhna v Prasad [2001] FJHC 147; Hbc0018d.2001s (25 April 2001)

IN THE HIGH COURT OF FIJI
(AT SUVA)

CIVIL ACTION NO. 18 OF 2001

Between:

SUNITA DEVI SOBHNA
Plaintiff

and

PRAKASHNI PRASAD
Defendant

H.K. Nagin for the Plaintiff
Defendant in person

DECISION

In this action the Plaintiff seeks principally an injunction to restrain the Defendant from making abusive remarks to and about her and from making a nuisance.

The parties are neighbours and in her Defence the Defendant says that it is in fact the Plaintiff who is responsible for the dispute which has been caused by the Plaintiff’s parking of trucks at the premises which are residential.

This type of neighbour dispute is not suitable for adjudication in the High Court and I indicated earlier this year that it should be the subject of mediation as an alternative to transfer to the Magistrates’ Court. Unfortunately settlement has been unsuccessful.

An appropriate manner of disposal of this action would be binding over of both parties to keep the peace- a jurisdiction exercisable by a Resident Magistrate.

Alternatively under Section 2 (1) (d) of the Magistrates Court (Civil Jurisdiction) Decree 35/98 a Resident Magistrate has power to grant injunctions to stay torts of the kind here complained of.

Under the provisions of Section 33 (1) (a) (i) of the Magistrates’ Courts Act (Cap 14) I order this matter to be transferred to the Nausori Magistrates’ Court for disposal. It will be called up for mention before a Resident Magistrate on a date to be advised to the parties by the O/C Nausori Magistrates’ Court.

M.D. Scott
Judge

25 April 01