Prasad v Singh [2005] FJHC 620; HBC0174.1995 (18 July 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0174 OF 1995

BETWEEN:

AMBIKA PRASAD
PLAINTIFF

AND:

SATYA PRASAD SINGH
1ST DEFENDANT

THE FIJI SUGAR CORPORATION LTD
2ND DEFENDANT

Mr V Mishra for the Plaintiff
No appearance for the 1st Defendant
Mr T. Tuitoga for the 2nd Defendant

Date of Hearing: 18 July 2005
Date of Judgment: 18 July 2005

ORAL JUDGMENT OF FINNIGAN J

In this action Counsel for the 1^st Defendant was given leave to withdraw upon his formal application and the 1^st Defendant did not appear. It is a claim by one brother upon another for his share of the proceeds of a cane farm operation. The claim has a long and bitter factual history.

I have today heard the evidence of the Plaintiff and I have heard the submissions of both Counsel.

I am satisfied that judgment may be entered by consent against the 2^nd Defendant in the sum of $2,000.00 all up i.e. including costs.

It is agreed between the parties that the 2^nd Defendant will facilitate payment to the Plaintiff of $6,607.21 presently held by the 2^nd Defendant under the current injunction of this Court made on 25 August 1995.

The said injunction is hereby fully discharged.

I am satisfied that the Plaintiff has made out his claim for judgment for part of the proceeds of the cane farm which is the subject of this action. I am satisfied that he is entitled to a share of proceeds going back to 1985 when he was ejected from the farm. I am satisfied that payments already made have satisfied all claims that may be outside the 6 year period preceding issue of these proceedings. Therefore I am not required to make any decision about limitation of the action. That is no longer relevant to the claim.

I am satisfied that the Plaintiff is entitled to judgment for $62,354.23 being the balance due after allowance for production costs and for money already paid. Of this amount the $6607.21 [above] is the joint and several liability of both Defendants. Payment by the 2^nd Defendant will relieve the 1^st Defendant to that extent.

Interest on the judgment amount of $62,354.23 is sought at 6% per annum simple. Both the interest rate and the period 1 January 1998 to date of judgment and the capital sum are reasonable and I am satisfied that this claim should be allowed. I award interest accordingly.

I award costs as follows. No order is made against the 2^nd Defendant. Against the 1^st Defendant I make an award of costs that allows for the Plaintiff’s legal costs and his travel and accommodation expenses for mediation [which the Defendant did not attend] and for trial instructions and for trial. These are summarily assessed at $6,000.00, being $2,500.00 solicitor’s costs and $3,500.00 travel and accommodation disbursements.

D.D. Finnigan
JUDGE

At Lautoka
18 July 2005