Ram v Chandra [2024] FJMC 6; JDS 146 of 2023 (5 April 2024)

IN THE MAGISTRATE’S COURT AT SIGATOKA
CIVIL DIVISION

JDS Case No.146/23

BETWEEN:

GANGA RAM
JUDGMENT CREDITOR

AND:

MUMI CHANDRA
JUDDGMENT DEBTOR

For the Creditor: In person
For the Debtor: In person

RULING ON EXAMINATION

1. This is the ruling on the examination of the Judgment Debtor pursuant to the Judgment Debtor Summons 20^th December 2023.
2. Judgment Debtor Summonses are provided for by Order XXXVI, Part1, Rule 9 of the Magistrate’s Court Rules. Pursuant to the Rule 13 of Order XXXVI Part1 of the Magistrate’s Court Rules, the Judgment Debtor was examined under oath as to his means.

“Evidence as to means

13. Witnesses may be summoned to prove the means of a judgment debtor in the same manner as witnesses are summoned to give evidence upon the hearing of an action, and their expenses may be allowed.”

3. The above rules then provide that once the Court has examined the judgment debtor under oath as to his means the Court may either make an order at Rule 20 of Order XXXVI as follows: -

“Order on judgment summons

20.-(1) On the hearing of a judgment summons, the magistrate, if he is of opinion that an order of commitment ought not to be made, may refuse to make any order, or may make a fresh order for payment of the amount remaining due and unpaid under the judgment or order, either at a specified time or by installments.

Suspension of order of commitment

(2) If an order of commitment is made, the magistrate may direct that the execution of such order be suspended to enable the debtor to pay the amount in respect of which such order is made, by installments or otherwise. When such direction is given, notice thereof shall be sent to the debtor, unless he be present in court when such direction is given.

The magistrate may, from time to time, upon the application of either party after reasonable notice to the other party of the time and place when such application will be heard, vary the amount of such installments by such amount as will in his opinion meet the ability of the judgment debtor to pay the same.”

4. After having examined the judgment debtor and inquired into his expenses and liabilities – I am satisfied pursuant to Order XXXVI Rule 20 (2) that an order for commitment ought to be made.
5. The Warrant of Committal is therefore issued and is suspended pending the following orders:
   • (1) The Judgment Debtor will pay the judgment sum by monthly installments of $80 on every last Friday of the month. This begins on Friday, 26^th April, 2024.
   • (2) If the Judgment Debtor defaults in any month then the whole sum owing becomes due and payable, if unable to pay then he will be committed to prison for 4 weeks.
   • (3) Judgment Debtor will keep all receipts for his record.

6. Those are the orders on the Judgment Debtor Summons.

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Joseph Daurewa
Resident Magistrate

5^th April 2024