Hassan v Lal [2005] FJHC 627; HBC0090.1996 (26 July 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0090 OF 1996

BETWEEN:

MOHAMMED SHAUKAT HASSAN
PLAINTIFF

AND:

SATENDRA LAL
DEFENDANT

Mr Boseiwaqa for the Defendant
No appearance for the Plaintiff

Date of Hearing: 26 July 2005
Date of Judgment: 26 July 2005

ORAL JUDGMENT OF FINNIGAN J

I have heard today formal proof of the Defendant’s counter-claim.

On 11 April 2005 there being no appearance of the Plaintiff or his Counsel his claim and his defence to the counter-claim were struck out for non appearance. The matter was set down for proof of the Defendant’s counter-claim and I have heard the Defendant’s evidence today.

Upon the evidence of the Defendant I am satisfied that all aspects of the pleaded counter-claim are made out, particularly paragraphs 9 and 10 thereof. The loss and damages pleaded at para. 11 are not made out, except for such loss as will be compensated by an order for the payment of interest.

I give judgment for the Defendant on the counter claim in the sum of $2,039.25 together with interest thereon from the date of the writ until the date of judgment which I assess at 6% per annum simple for 9 years total. Counsel will note that I have re-calculated the amount which I now fix at $1,101.19. That is added to the amount of the judgment. The total judgment I award is $3,140.44.

I assess Plaintiff’s costs summarily at $500.00.

D.D. Finnigan
JUDGE

At Lautoka
26 July 2005