Chand v Peoples Community Network (Fiji Islands) (PCN) [2012] FJHC 1079; Civil Action 325.2010 (14 May 2012)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

Civil Action No: 325 of 2010

BETWEEN:

NARESH CHAND
of Nukuloa, Ba, Labourer.
PLAINTIFF

AND:

PEOPLES COMMUNITY NETWORK (FIJI ISLANDS) (PCN),
36 Koroi Place, Samabula, Suva.
DEFENDANT

BEFORE : Master Deepthi Amaratunga

COUNSEL : Ms. Sharan A. of Gordon & Chaudhary Lawyers for the Plaintiff

No appearance for the Defendant

Date of Hearing : 15th March, 2012

Date of Ruling : 14th May, 2012

DECISION
(assessment of damages)

1. The Plaintiff instituted this action on 24th November, 2010 against the Defendant seeking
   
   1. A permanent injunction requesting in the Defendant and or its servants and or its agents and whosoever from interfering with the Plaintiff in any manner shape or form whatsoever till this matter is determined or till further order;
      
   2. A declaration that the Plaintiff has an equitable interest in the subject land;
      
   100. A declaration that the Defendant had no statutory and or legal power to evict the Plaintiff from the subject land;
        
   4. A declaration that the dismantling of the Plaintiff's property by servants and or agents of the Defendant was unlawful and that he Plaintiff is entitled to damage to his property;
      
   5. General Damages;
      
   6. Special Damages;
      
   7. Exemplary and Punitive Damages;
      
   8. Andy other orders that this court may deem just and expedient in the circumstances; and
      
   9. Cost on indemnity basis.
      
2. The Plaintiff has obtained the injunctive relief it sought and has also obtained default judgment and the matter was fixed for hearing on the assessment of damages.
   
3. The Plaintiff swore an affidavit and also gave oral evidence at the hearing of the assessment of damages and stated that his property was destroyed by the actions of the Defendant. He valued it at $45,000 and also submitted an estimate from Anand's Construction (Reg No 54952), General Building Contractors, P.O. Box 67, Sabeto, Fiji and the person who has estimated, Mr. Anand Kumar has also given evidence and confirmed the figure stated in the estimate. He stated that he visited the site and made the estimate. The evidence was not challenged by the Defendant.
   
4. So, I accept the evidence put forward by the Plaintiff and assess the damage to the Plaintiff at $45,000.00. I will also grant a simple interest of 5% for the said amount from the date of filing of the writ till the final settlement. The Plaintiff is also granted a cost of $2000 assessed summarily as the cost of this action.
   

1. FINAL ORDERS
   

1. The Plaintiff's damages are assessed at $45,000.
2. The Plaintiff is awarded a simple interest of 5% per annum for the said amount from the date of institution of this action.

100. The Plaintiff is also awarded a cost of $2,000.
     

Dated at Suva this 14th day of May, 2012.

.................................................
Master Deepthi Amaratunga
High Court, Suva