Sewak v Lakhan [2005] FJHC 584; HBC0056.1995 (2 August 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0056 OF 1995

BETWEEN:

RAM SEWAK
PLAINTIFF

AND:

RAM LAKHAN
1ST DEFENDANT

NATIVE LAND TRUST BOARD
2ND DEFENDANT

THE REGISTRAR OF TITLES
3RD DEFENDANT

THE FIJI SUGAR CORPORATION LTD
4TH DEFENDANT

No appearance for the Plaintiff
Mr V. Mishra for the 1st Defendant
No appearance for the 2nd, 3rd and 4th Defendants

Date of Hearing: 02 August 2005
Date of Judgment: 02 August 2005

ORAL JUDGMENT OF FINNIGAN J

This was a hearing to assess quantum of damages for the 1^st Defendant on his counter-claim, judgment in liability having been entered previously by default. There was no appearance for the Plaintiff or for 2^nd and 3^rd Defendant. The 4^th Defendant was struck out of the action on 7 April 2005.

After hearing the evidence of the 1^st Defendant I have found all the allegations of fact in his statement of defence and counter-claim which are relevant to his claim for damages and injunction have been made out. Despite the lapse in time since commencement of the counter-claim for injunction I am satisfied that the need for it has continued until the present day. Previously there were physical incursions by the Plaintiff which seem to have ceased after his conviction and imprisonment for assault. Incursions by animals grazing on the Defendant’s land still occur from time to time.

The Defendant seeks damages of $3,000.00 based on his crop losses, and that claim is made out. I give judgment for the Defendant on the counter-claim in the sum of $3,000.00 as general damages. Interest is allowed on that sum at 6% per annum simple from the date of the counter claim 6 April 1995 until the date of judgment 02 August 2005. I grant an injunction in the terms of the counter claim.

I summarily assess costs for the Defendant $1,500.00.

D.D. Finnigan
JUDGE

At Lautoka
02 August 2005