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Saunaka Land Purchase Cooperative Ltd v Mohammed [2010] FJHC 417; HBC157.2010 (19 August 2010)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No HBC 157 of 2010

BETWEEN:

SAUNAKA LAND PURCHASE COOPERATIVE LIMITED
a duly incorporate entity governed under the Cooperative Societies Act, Cap 250.
Plaintiff

AND:

AFIZ MOHAMMED
(father's name not know to the Plaintiff) of
P O Box 311, Nadi, Accountant
First Defendant

AND:

RAKESH KUMAR, VIDYA WATI, KRISHNA MURTHI,
AVINESH VERMA, BENEDATE SHANKARAN, MOREEN
all of Saunaka, Nadi.
Second Defendant

AND:

THE DIRECTOR/REGISTRAR
of Cooperatives and Small Business,
P O Box 2356, Government Buildings, Suva.
Fourth Defendant

ORDER OF THE COURT

Mr. Mishra Prakash submits that in view of Section 52 of the Co-operative Society Act (Cap 250) the dispute ought to be referred to a tribunal and as such objects to jurisdiction of court to issue injunction relief on the substantive action. However, Mr. Prakash states that without prejudice to his submission, and without his consent, court may extend the orders made, until other parties file their affidavits in reply.

1st defendant, 2nd named, 3rd named, 4th named, 5th named and 6th named 2nd defendants are present and appeared in person require to retain solicitors and file affidavits in reply. They state that 14 days are sufficient. 3rd and 4th defendants appear to have been served as set out by the "service accepted" seal on the papers submitted by the plaintiff's counsel. One Are Wakowako appeared and his appearance is noted above.

As such, parties are given 14 days to file their affidavits in reply. 3rd and 4th defendants may file affidavits in reply or may move upon appearance subsequently.

1. The order made on 12 August 2010 of an interim injunction in item one therein is extended for a further period of 14 days.
   
2. Mention on 2 September 2010 for affidavits in reply by 1st defendant, 2, 3rd, 4th, 5th and 6th named 2nd defendants;
   
3. The plaintiff to file affidavits in response to 1st name 2nd defendant's affidavits by 2nd September 2010.
   

Mention on 2nd September, 2010 at 10.00am.

Sgd
Y I Fernando
JUDGE

At Lautoka
19 August 2010