Prakash v Native Land Trust Board [2010] FJHC 422; HBC090.2006 (6 September 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 090/2006

BETWEEN:

VED PRAKASH
father's name Magla Nand of Tau, Nadroga, Storekeeper
Plaintiff

AND:

NATIVE LAND TRUST BOARD
a body corporate established under the Native Land Trust Act, Cap 134,
of 431 Victoria, Suva
Defendant

Appearances: Mr M.A.Sahu Khan (on instruction) – Counsel for the ' Plaintiff
Ms I.Fifita – Counsel for the Defendant

Counsels Submission:

Ms I.Fifita submits for the Defendants; Defendant seeks leave to Amend Summons for Stay and Leave to Appeal; and also leave to Amend the Supporting Affidavit as well.

Application is made under Order 20 Rule 7 of the High Court Rules.

ORDER OF THE COURT:

Plaintiff has so far not filed affidavit in response, and as such the Defendant's application "to amend the Summons for Stay is permitted".

However, the Defendant is advised that its application of "amending the supporting affidavit", ought to be done by additional affidavit, and as such Defendant is permitted to file additional affidavit in support.

As such,

Defendant allowed to;

(a) amend the Summons for Stay of Execution and
(b) the Defendant may file additional affidavit in support of the amended summons of stay of Execution.

The Defendant's oral application for "Leave to appeal," does not require the order of Court as it is for the Defendant to file same if within time, and as such, no order is made in respect of the Defendant's oral application for "leave to appeal".

The Defendant to thus amend the Summons for stay of Execution within 7 days of today (7 days given at the request of the Defendant's counsel.)

Mention on 14/9/2010 at 10 Am.

Sgd
Y I Fernando
JUDGE

At Lautoka
06 September 2010