Civoniceva v Kudruvi [2012] FJMC 293; Action 327.2011 (6 November 2012)

IN THE FIRST CLASS MAGISTRATE'S COURT
AT SUVA
IN THE CENTRAL DIVISION

Civil Action No. 327 of 2011

Between:

Joseph Civoniceva
Plaintiff

And :

Suliasi Kudruvi Trading as Turtle Island Transport &
Lending Services
Defendant

Before: Mr. C. Lakshman

Resident Magistrate

Counsels: For the Plaintiff: Mr A. Bale (Lal, Patel Bale Lawyers)

Defendant :In Person

RULING

Introduction

In this Action the Plaintiff filed a writ of summons seeking that the Defendant pay the Plaintiff a sum of $17,900, general damages, interest and costs, within the jurisdiction of the Court.

The Defendant filed a Statement of Defence and included with the Statement of Defence a letter. On 15th March 2012 the Counsel for the Plaintiff sought to make a written submission in terms of Order 16, Rule 3 of the Magistrates Court Rules requesting the Court not to accept the letter tendered to Court by the Defendant with the Statement of Defence. The Defendant and the Plaintiff have made written submissions on the issue which this Court has considered.

Analysis

The Court has noted the submissions made by both the parties. The Court has also seen all the pleadings filed in this case so far.

The Magistrates Court Rules in Order XVI sets out rules with respect to pleading sin civil cases. The relevant Order in relation to the issue before this Court is Order XVI Rule 3 (a) of the Magistrates Court Rules provides as follows that, "Whenever any pleading, statement or answer is ordered to be filed, the provisions of the following rules shall be observed:-

The pleading to state all material facts

(a) Every pleading shall contain a statement of all the material facts on which the party pleading relies, but not the evidence by which they are to be proved, such statement being divided into paragraphs numbered consecutively, and each paragraph containing, as nearly as may be, a separate allegation."

The Defendant in his Statement of Defence which is part of the written pleading and shall therefore be in compliance with Order XVI of the Magistrates Court Rules 'placed' a letter to which the Plaintiff objects. The Plaintiff's objection is valid as Rule 3 (a) of Order XVI states that pleadings shall contain a statement of all material facts on which the Party, in this case the Defendant relies upon, but not the evidence by which they are to be proved. The Letter which the Defendant has placed in the Statement of Defence cannot be taken to be part of the pleadings. The letter is to be expunged and given to the Defendant.

The Defendant may however, in compliance with the rules of evidence and after laying down the necessary foundation for tendering the letter according to the rules of evidence seek that the letter be admitted as evidence.

Orders

1. The letter placed in the Statement of Defence is to expunged from the Court file and handed to the Defendant.
   

Chaitanya Lakshman
RESIDENT MAGISTRATE
6th November 2012