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Ricky's Investments Ltd v Southern Forest Products (Fiji) Ltd [2010] FJHC 340; Civil Action 184.2008 (30 July 2010)

IN THE HIGH COURT OF FIJI AT SUVA
CIVIL JURISDICTION

Civil Action No. 184 of 2008

BETWEEN:

RICKY'S INVESTMENTS LIMITED
a limited liability company previously having its registered office at
1 Edinburgh Drive, Suva but currently operating from
Lot 7 Drala Place, Nakasi, Fiji.
Plaintiff

AND:

SOUTHERN FOREST PRODUCTS (FIJI) LIMITED
a limited liability company having its registered office at
Lot 1 Nabukavesi, Pacific Harbour, Navua.
Defendant

Before: Master Anare Tuilevuka

Counsels:
Lajendra Law for the Plaintiff
No appearance for the Defendant

Date of Hearing: 15th July 2010
Date of Ruling: 30th July 2010

RULING

[1]. This is an application for assessment of damages allegedly suffered by the plaintiff as a result of the unlawful seizure by the defendant of the plaintiff's two commercial motor vehicles, namely, vehicle registration number DN 304 and CP 61.

[2]. By way of background, default judgement was entered against the defendant on 03rd July 2008. On 7th July 2008, the plaintiff filed an application for assessment of damages which was duly served on the defendant company's registered office in Pacific Harbour. On 25th of February 2009, the defendant filed an application with supporting affidavit to set aside the default judgment. That application was struck out by Master Udit on first call on 20th March 2009 when neither the defendant nor its counsel appeared in court. However, it was later reinstated by Master Udit on 07th April 2009. I note that the defendant's summons to set aside default judgement was reinstated even though neither it nor its counsel was present in court.

[3]. The matter was then called before me on 06th of May 2010 when again no one appeared for the defendant. I have checked the file records and have ascertained that the registry has indeed been sending NOAHs to Iqbal Khan & Associates who are on record for the defendants. I then struck out the defendant's application to set aside default judgement with $200 costs to the plaintiff and then adjourned the case for hearing on assessment of damages to 17th June 2010. There was no hearing on that day as it coincided with the judicial conference being held in Korolevu and the hearing on assessment of damages finally happened on 16th July 2010.

[4]. At the hearing, Satendra Nand, a director of the plaintiff company produced documentary evidence that the plaintiff company is the registered proprietor of the two vehicles DN 304 and CP 611. He also produced various documentation which go towards establishing the claim that the two vehicles were loaded with consignment.

[5]. It appears that the plaintiff is one of many commercial tenants on the defendants premises. It appears also that the defendant was of the mistaken view that the plaintiff was in arrears on its rent.

[6]. On 23rd May 2008, the drivers of DN 304 and CP 611 drove the vehicles and parked them at the premises for a short while as they went on a short lunch break. The trucks were loaded with various consignments that the plaintiff was to cart and deliver for various commercial undertakings in Suva vide a cartage contract.

[7]. Once the trucks were in the premises, the defendants' security guards locked the gate and impounded the vehicles. The security guards were acting on the instructions of the defendant. The reason the defendant gave that instruction, as stated above, was because the defendant thought the plaintiff was in arrears on rent.

[8]. The defendant remained mute despite many protestations by the plaintiff and its solicitors. The defendant in fact impounded the two vehicles for one whole week from 23rd May 2008 to 29th May 2008 when it released the vehicles but only after a Court Order of Mr. Justice Jiten Singh.

[9]. Mr. Nand has produced various documents and an account of his looses which totals $7,394.37 (seven thousand three hundred and ninety four dollars and thirty seven cents).

ORDERS

[10]. Judgement in the sum of $7,394.37 in favour of the plaintiff to be paid within 28 days of the date of this judgment.

[11]. Costs in favour of the plaintiff which I summarily assess at (eight hundred dollars ) to be paid also in 28 days.

Anare Tuilevuka
MASTER

At Suva
30th day of July 2010.