Carpenters Fiji Ltd v Mohammed Yakub Khan and Company Ltd [2005] FJHC 597; HBC0250.2001 (8 August 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0250 OF 2001

BETWEEN:

CARPENTERS FIJI LTD
PLAINTIFF

AND:

MOHAMMED YAKUB KHAN AND COMPANY LIMITED
DEFENDANT

Mr S. Krishna for the Plaintiff
No appearance for the Defendant

Date of Hearing: 8 August 2005
Date of Judgment: 8 August 2005

ORAL JUDGMENT OF FINNIGAN J

I have heard today formal proof of the Plaintiff’s claim. Counsel on the record for the Defendant advised that his client had not responded to his letters and requests to come to his office and had not come to Court today. He sought and I granted leave for him to withdraw. On Mr Krishna’s application I have struck out the statement of defence.

I have heard the evidence of 2 of the Plaintiff’s 3 witnesses who were here today and am satisfied that all claims in the statement of claim are made out. The sum proved as damages which in my view are special damages is less then the amount in the statement of claim. Counsel has abandoned prayer (a) in the statement of claim. I give judgment for the Plaintiff in the following terms:

(a) The costs of repossession of the vehicle $1050.00;

(b) The costs of replacement parts $25,136.06;

(c) Interest on that letter amount at 6% per annum simple from the date that the losses were itemised, 21 October 2000 until today the date of judgment;

(d) Indemnity costs which I assess at $10,000.00 including the expenses of bringing 3 employees from Suva for a full day.

D.D. Finnigan
JUDGE

At Lautoka
8 August 2005