Fiji Development Bank v Nagata [2010] FJHC 326; HBC224.2009 (18 May 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action HBC 224 of 2009

BETWEEN:

FIJI DEVELOPMENT BANK a corporate body
having its head office at 360 Victoria Parade, Suva, Fiji.
Plaintiff

AND:

MOAPE NAGATA and ALESI NAGATA both of
Nakurakura, Nadi, Sales Representative and Computer Operator respectively.
Defendants

Counsels Appearing:

Nands Law for the Plaintiff
Dorsami Naidu for the Defendants

Date of Hearing: 17 May 2010
Date of Judgment: 18 May 2010

JUDGMENT

Judgment entered of consent in favour of the plaintiff as sought in prayer (a) of the Originating Summons subject to the following terms:-

1. The enforcement of this judgment to be stayed subject to the following terms and conditions.
   
2. That the defendants agree to give up vacant possession of the Native Lease No 18881 being Lot 2 on NLTB 4/10/4911 within ninety (90) days or within fourteen (14) days of the sale of the property under mortgagee sale by the plaintiff whichever is earlier.
   
3. The defendants will allow the plaintiff, its agents or servants and/or employees unobstructed access to the property including the fittings and fixtures or carry out any structural or other works on the property.
   
4. The plaintiff prior to acceptance of a tender will notify the defendants of such tender and allow the defendants seven (7) days from such notification to pay the balance owing under the mortgage No 566235 failing which the defendants shall give up vacant possession of the property.
   
5. That there be no order as to costs.
   
6. The said terms of settlement shall become the judgment of this court.
   

Y I Fernando
JUDGE

At Lautoka
18 May 2010