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Ali v Chaudhary [2004] FJHC 533; HBC0061.2001L (29 March 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0061 OF 2001L

ABBAS ALI and Others

V

CHAUDHARY and Others

Gates J.

Mr S. Maharaj for the 1st and 2nd Plaintiffs
Mr J. Sharma for the Defendants

29 March 2004

SENTENCE
[For Contempt]

[1] Edward Henry Thompson you have been found guilty of contempt in that you attempted to lodge caveats on the 2nd Plaintiff’s subdivisional Lots which interfered with the day to day operations of the company, which in turn amounted to a contempt of the court’s orders of 24 May 2002.

[2] In your defence it can be said that you are 65 years old and a retiree living in Fiji. As such you are particularly concerned about your investment and have been frustrated by the long delay in obtaining repayment of the loan you made to the company, and for which you received neither income nor interest. I accept that you may not have realised that these acts would result in your committing contempt.

[3] The contempt has come about by your wishing to advance your claim as against others in the company in similar situation to yourself, albeit you have been a bigger lender. But the law must be upheld and with it the court’s authority.

[4] You will have to bear a substantial part of the Plaintiffs’ costs in bringing these enforcement proceedings. It is accepted a global sum is the correct approach. I note there have been 3 attendances at the Suva High Court and complex documents have had to be worked on and filed.

[5] In the result, you are fined $1,000, in default of payment you must serve 30 days in prison. You are to pay a contribution towards the Plaintiffs’ costs of $2,000. Both these sums are to be paid within 21 days of today’s date.

Orders accordingly.

A.H.C.T. GATES
JUDGE

Solicitors for the 1st and 2nd Plaintiffs: Messrs Suresh Maharaj &
Associates, Lautoka

Solicitors for the Defendants: Hari Ram Lawyers, Nadi