Waqe v Native Land Trust Board [2011] FJHC 791; HBC376.2007L (15 November 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 376 of 2007L

BETWEEN:

ILAMI WAQE as the Turaga ni Mataqali and on behalf of Mataqali Nakabunikoro, Tokatoka Nasivi, Nadi
Plaintiff

AND:

NATIVE LAND TRUST BOARD a body corporate duly incorporated under Native Land Trust Act Cap 134
Defendant

Appearances:
Ms Swamy for the Plaintiff
Mr. Lutumailagi for the Defendant

Counsels Submissions
The matter is set for hearing.
The Plaintiff has passed away. Seek matter to be adjourned till we get further instructions from next of kin of Plaintiff family. Need De Bonis Non(Order 15 Rule 7 & 8)
Adjourned Sine Die by consent.

ORDERS

Ms. Swamy states that the hearing fees has been paid on 3/11/2011, 3 days later that ordered to do by the unless order of Court of the 28/2/2011. The Receipt No. is 491167 of 3/11/2011.

The Plaintiff is said to be dead by the Plaintiff's Solicitor, however there is no death certificate before Court.

Today is a trial date. As such unless there is compliance with the unless order previously of Court and the absence of the Plaintiff on this trial date could lead to the dismissal of the Plaintiffs action of non prosecution under Order 35 Rule 1 (1) and stand struck out.

Both parties of consent move to adjourn Sine Die As such unless the Plaintiff submits to Court a death certificate as such proof of death of the Plaintiff and moves for substitution of the Plaintiff this action shall remain adjourned Sine Die by consent of both parties subject to the Plaintiff being substituted.

As the Plaintiff is said to be dead, this Court is not inclined to rule on previous unless order made. As such adjourned Sine Die till revived by the Plaintiff on substitution.

Sgd
Y I Fernando
Judge

15/November/2011