Native Land Trust Board v BW Holdings Ltd [2010] FJHC 414; HBC235.2006 (4 August 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 235 of 2006

BETWEEN:

NATIVE LAND TRUST BOARD
a body corporate under the provisions of the Native Land Trust Act Cap 134
Plaintiff

AND:

B.W. HOLDINGS LIMITED
a limited liability company with its registered office at Vishnu Deo Road, Nakasi
Defendant

COURT ORDERS:

Counsels for the plaintiff and defendant advised by court to submit in writing the settlement that is in progress and submit same signed by the two counsels for court to consider adjournment under Order 35, Rule 3.

Adjourned for 45 minutes to permit counsel and parties to attend to above, failing trial to resume by 11.15am.

11.15 court resumes:

Plaintiff's counsel seeks time until 2.00pm to submit the parameters of the alleged settlement.

Parties given time until 2.000pm to tender written details of the settlement alleged (See above case in 259/2006).

Adjourned at 11.30am to resume at 2.00pm.

Resumed at 2.20pm.

Plaintiff and Defendant's counsels submit a Terms of Settlement document signed by the respective counsels. Both counsels submit that their clients have given approval to it. Both counsels jointly move that the judgment to be entered on the said terms. Court advises the counsel to state so in their handwriting on the said Terms of Settlement and submit. Counsels include on the terms that judgment to be entered on the same terms of settlement.

As such judgment to be entered on the terms set out in the Terms of Settlement dated 4 August 2010 tendered to court of consent of parties.

As such, judgment of consent to be entered incorporating the terms of settlement dated 4 August 2010 and the plaintiff undertakes to tender the judgment order (order on judgment) and to be sealed within two weeks.

Enter judgment accordingly in favour of the plaintiff as per the terms of settlement dated 4 August 2010 without cost.

Sgd
Y I Fernando
JUDGE

At Lautoka
4 August 2010