Western Wreckers Ltd v Rahiman [2013] FJMC 68; Civil Case 506.2010 (12 February 2013)

IN THE MAGISTRATES COURT AT NASINU

Civil Case No. 506/2010

BETWEEN:

WESTERN WRECKERS LIMITED
Plaintiff

AND

SHEIK MUJABBAR RAHIMAN
Defendant

Mr. K Jamnadas for the Plaintiff
Mr. H.M. Rabuku for the Defendant

Ruling on Means Test

01] The Plaintiff obtained the Judgment against the defendant for sum of $8,563.40. The Defendant failed to pay and means test has been done.

02] At the means test the defendant gave evidence on oath. He said he works in Khan's investment as a mechanic. He is getting $156 per week. Apart from that he does not have any means. The Defendant breaks down his expenditures as Rent $400 per month, FEA $ Water bills $150, $150 for Grocery bill fortnightly, $180 installment payment for Courts Fiji and Subrail Furniture, $100 - 150 for travelling expenses. His Son earns $30-40 per week. Thus, he says he has no means to pay this debt. He suggested paying $20 per month.

03] In cross examination the Defendant admitted that he was arrested under bench warrant on 21-8-2012. He said he initially tried to settle the matter and he instructed Neel Shivam Lawyers. But It was proved that he had not retained Neel Shivam Lawyers as "A". The Defendant admitted that he failed to produced his Salary slip, FEA & water Bills, Installments payments etc... despite giving number of adjournments for Means Test. The Defendant admitted that he has to pay $250 monthly for Vehicle number CL 518 and another $250 monthly for Vehicle number CE 303(Ex B and C). In cross examination the Defendant admitted that he has a towing service business as "Professional Winches" (Ex-D). The defendant says that he has two Lorries which were bought by previous owner who migrated to New Zealand. The Defendant thereafter closed his case.

04] In replying to the defendant case one officer of the Plaintiff's company, Ms. Mereani Dinacava gave evidence. The witness said she was he was driving a towing truck,. The witness said that she knows the defendant for 15 years and he owns trucks. The witness told that earlier the defendant was an employee of the plaintiff company and he resigned and sets up a new company.

05] Though parties wanted to submissions before the ruling they failed to do so.

06] The debt has already been adjudged by the competent court and the defendant is to satisfy the debt. At the Means Test the court considers whether the defendant has means to pay this debt. It transpired that the defendant is running a Towing business and has two Lorries under his name. The Defendant has not shown any special reasons to stay f writ of execution or he is unable to pay. He did not produce any receipts to prove his expenditure and he did not tender the salary slip. I hold the defendant has means to pay the debt.

07] I make following orders;

1. The Judgment Debtor to satisfy the debt within one month
2. If not the Plaintiff to take writ of fieri facias under Magistrates Court Rule XXXVI

100. No Cost in this application
     

On 12th February 2013, at Nasinu, Fiji Islands

Sumudu Premachandra
Resident Magistrate-Nasinu