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Bulldog Spares (Fiji) Ltd v Narayan - Order [2016] FJHC 355; HBC188.2015 (3 May 2016)

IN THE HIGH COURT OF FIJI
WESTERN DIVISION AT LAUTOKA
CIVIL JURISDICTION

HBC 188 OF 2015

BETWEEN : BULLDOG SPARES (FIJI) LIMITED

[Plaintiff]

AND : DIP NARAYAN of Tuvu, Lautoka.
[Defendant]

Before : Hon Mr. Justice R.S.S.Sapuvida

Counsel : Mr S. Nacolawa for the Plaintiff

ORDER

1. This matter mounts on the plaintiff’s writ of summons dated 29th October, 2015 along with its statement of claim for:
   
   • (a) the recovery of damages of goods destroyed in the fire worth of $80,000.00
   • (b) for an order of this court directing the defendant to release the removal of plaintiff’s belongings from the land more fully described in paragraph 3 of the plaintiff’s statement of claim, and
   • (c) Costs of this action
     
2. On 2nd November 2015, the court having satisfied with the details submitted on behalf of the plaintiff company at the very initial stage in the matter on its ex parte notice of motion, and having it converted to an inter parte application, granted an interim order against the defendant not to interfere or stop the plaintiff from removing its belongings which included the container placed in the Estate of Deo Narayan.
3. The orders so issued by the court were accordingly served to which the defendant did not take any effort to reply or make any response.
   
4. The plaintiff company has recovered the container from the defendant’s premises in accordance with the court order, yet found nothing in it as revealed in evidence later at the trial.
   
5. The trial proceeded ex parte and the plaintiff was ordered to formally prove the claim against the defendant.
   
6. Lolita Devi Prasad appearing as the Managing Director of the plaintiff company gave evidence at the trial representing the company.
   
7. She has not filed the instance in her personal capacity but it has been instituted against the defendant by the Bulldog Spares (Fiji) Limited [the plaintiff].
   
8. She produced the Certificate of Registration of the plaintiff company [LP1] in proof of her shareholding capacity in the plaintiff company.
   
9. During the preparation of the judgment having put my eye through the documentary evidence produced by the plaintiff at the trial and having scanned the main case record, I found the following:
   
   1. That the plaintiff company has not appointed Nacolawa& Co as its barristers and solicitors. [O.5, r.6 (3) of the High Court Rules 1988].
      
   2. That Lolita Devi Prasad has never been the Managing Director of the plaintiff company and that she has not been given a mandate by the plaintiff company to represent its rights or the right to prosecute the defendant in this case.
   100. That Lolita Devi Prasad was a Company Director of the plaintiff company at the time of the registration of the plaintiff company [LP1] on 26th January 2004.
        
   4. She resigned from the company as the Company Director on 24th May 2004 [LP1].
      
   5. She resigned from the company as the Company Secretary on 25th November 2004.
      
   6. That Nacolawa& Co, who acts in this case as the barristers & solicitors for the plaintiff company has not filed the letter of appointment as barristers & solicitors of the plaintiff company.
      
   7. Lolita Devi Prasad pleads in her evidence that damages be awarded to her against the defendant in her personal capacity in this case.
      
10. For the forgoing findings, the judgment is hereby deferred until the plaintiff satisfies the court with proof of the relevant requisites within 21 days from now.
    
11. Unless the plaintiff satisfies the court with same, the judgment will be delivered accordingly on available details in the record.
    
12. The judgment will be delivered on 01st of June 2016 at 3.00 p.m. in Court No. 3.
    

R.S.S.Sapuvida
Judge
High Court of Fiji

On the 3^rdday of May2016
At Lautoka