Fiji Electricity Authority v Yusuf [2005] FJHC 580; HBC0354.1991L (26 August 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0354 OF 1991L

BETWEEN:

FIJI ELECTRICITY AUTHORITY
Plaintiff

AND:

MOHAMMED YUSUF
f/n Abbu Bakar
Defendant

Mr. A. Patel for the plaintiff
No Appearance for the defendant

Date of Hearing: 26 August 2005
Date of Judgment: 26 August 2005

EX TEMPORE JUDGMENT

In this matter there is no appearance of the defendant, the plaintiff seeks judgment in respect to a Writ of Summons dated the 10^th December 1991. The plaintiff’s cause of action is in respect to monies owed by the defendant to the plaintiff pursuant to the terms of a bond entered into by the defendant with the plaintiff to facilitate the plaintiff obtaining tertiary qualifications at a University in Australia.

The amount of the bond is $15,000.00, airfares of $2,403.00 making a total of $17,403.00. It was a term and condition of the bond that the defendant on his return to Fiji after qualifying remain in the employ of the plaintiff for 3 years.

I am satisfied on the evidence placed before me that the defendant remained in the employment of the plaintiff for a period, approximately 6 months only. I am satisfied that the monies were advanced by way of airfares and that the bond entered into by the defendant with the plaintiff required repayment in default and accordingly, there will be a judgment for the plaintiff against the defendant in the sum of Seventeen Thousand, Four Hundred and Three Dollars ($17,403.00) together with interest from the 10^th December 1991 to date at the prescribed rate. The defendant to pay the plaintiff’s costs assessed in the sum of One Thousand and Five Hundred Dollars ($1,500.00).

JOHN CONNORS
JUDGE

At Lautoka
26 August 2005