Nand v Squibb [2005] FJHC 349; HBC0070.1996 (1 September 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0070 OF 1996

BETWEEN:

KESHWA NAND
(fathers name Kotaiya) of Captain Withers Street, Lautoka Office Attendant,
as Administrator of the Estate of DHAN LAKSHMI (fathers name Kotaiya)
late of Captain Withers Street, Lautoka, School Teacher.
PLAINTIFF

AND:

BRISTOL MYERS SQUIBB
c/- Price Waterhouse, 131 Vitogo Parade, Lautoka.
FIRST DEFENDANT

KRISHNA KANTA DASS
(fathers name Ram Dass) of
Lautoka, c/- Makans Drugs & Pharmaceutical
Supplies, 103 Vitogo Parade, Lautoka Salesperson.
SECOND DEFENDANT

SUNNY NARAYAN
(fathers name Mohammed Gani) of
Sigatoka, Truck Owner.
THIRD DEFENDANT

MOHAMMED GANI
(fathers name Vekil) of Sigatoka, Truck Driver.
FOURTH DEFENDANT

Mr Boseiwaqa & Ms Muir for the Plaintiff
No appearance for the Defendants

Date of Hearing: 1 September 2005
Date of Judgment: 1 September 2005

ORAL JUDGMENT OF FINNIGAN J

I heard Formal Proof in this matter on 1 September 2005 and was subsequently informed (30 September 2005) that the recorded transcript of my Oral Judgment is inaudible.

From my notes I am able to record that after hearing the evidence adduced by Counsel for the Plaintiff and perusing the documents put in as evidence I gave judgment for the Plaintiff in liability against the third and fourth Defendants. In quantum of damages I gave judgment for the Plaintiff against the third and fourth Defendants jointly and severally in the sum of $103,548.08 including interest at 6% simple from the dates of the Writ 28 February 1996 until the date of judgment and costs in favour of the Plaintiff assessed at $2,000.00.

D.D. Finnigan
JUDGE

At Lautoka
1 September 2005