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Charan v Begg [1995] FJHC 91; Hbc0225d.88s (12 May 1995)

IN THE HIGH COURT OF FIJI
At Suva
Civil Jurisdiction

CIVIL ACTION NO. 0225 OF 1988

Between:

1. SURESH SUSHIL CHANDRA CHARAN
2. ANURADHA CHARAN
Plaintiffs

- and -

1. ALIM BEGG s/o Karim Begg
SAFURA BI d/o Kasim Khan &
BEGG CONSTRUCTION LIMITED
2. HOUSING AUTHORITY
3. THE SUVA RURAL LOCAL AUTHORITY
Defendants

Mr. S.S.C. Charan in Person
Mr. V. Maharaj for 2nd Defendant

RULING

As to the first prayer. The application is dismissed as wholly misconceived. The court's order striking out the plaintiffs' action was 'self-executing' and I am of the firm view that there remains nothing to stay or execute in the judgment.

As for prayer (3). Having carefully heard the submissions I am satisfied that this court's judgment was wholly regular at the time it was delivered. Not only was there an affidavit of service filed in court but no issue was raised in that respect for the court's consideration. I do however give leave to the plaintiffs to appeal to the Court of Appeal against the judgment of the court dismissing their action.

As for the injunction: The general rule is clear that a mortgagee's rights will not be lightly interfered with except upon payment into court of the amount alleged to be owing. The plaintiffs have never directly challenged the 2nd defendant's mortgage in their substantive claim which seeks damages. In the circumstances the application is refused with costs to the 2nd defendant to be taxed if not agreed.

(D.V. Fatiaki)
JUDGE

At Suva,
12th May, 1995.

HBC0225D.88S