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Prasad v Vula [2010] FJMC 90; Civil Case 40 of 2003 (11 June 2010)

IN THE FIRST CLASS MAGISTRATES COURT
AT NAUSORI
FIJI ISLANDS

Civil Case No: 40 of 2003

RAMENDRA PRASAD
Plaintiff

And

ESALA VULA
Defendant

Before: C. Lakshman
Resident Magistrate

For Plaintiff : Ms. R Naidu (Sherani & Co)
Defendant : Mr. K Marawai (Iqbal Khan & Associates)

JUDGEMENT

On 18th June 2003, the Plaintiff, through its Solicitor, filed a Writ of Summons and Statement of Claim claiming from the Defendant the sum of $7312.41 for fuel, engine oil and groceries sold and delivered by the Plaintiff to the Defendant. Full particulars are detailed in the Plaintiffs Statement of Claim.

A Statement of Defence (which includes a Counter-Claim) was filed by the Defendant on 20th August 2003. The Plaintiffs filed a Reply and Defence to Counter Claim.

A number of Orders were obtained and Motions were filed to subsequently set aside the Orders. Which this Court takes note from the Court file. The Defendants counter-claim is for the period 2/7/2002 to 17/10/2002 for a sum of $1872.29. The Court notes the chronology of events from 18/6/2003 to-date. This Court wishes to express its concern at the length of time that has taken to dispose this matter.

On 14th April 2010 when the case was set for hearing the counsels for the respective side agreed that since all the documents were pleaded, they would be happy if the Court could rely on their written submissions and the pleadings and then give judgment.

The Court has scrutinized the bundle of Plaintiffs and Defendants documents and submissions. The Plaintiffs claim is supported by Tax invoices and Orders by the Defendant.

The Court also notes the Small Claims Tribunal Order in favour of the Defendant and an award of $544 in relation to its claim for the period 2/7/2002 to 17/10/2002. In its counterclaim the Defendant is claiming for the same period. The Defendant is making a same claim in this as is noted from the counter claim.

The Court from its scrutiny of the pleadings notes that the Plaintiffs claim is supported by tax invoices and orders by the Defendant. The Defendants Counter Claim has been dealt with. The Defendants counter claim fails.

THE ORDERS

1. Judgment for the Plaintiff in the sum of $7312.41.
2. The Defendant to pay the Plaintiff cost of $150.00 within 21 days.
3. The Defendant to pay the Plaintiff Interest from the date of judgment at a rate of 6.5% per annum.
4. That the judgment be limited to the jurisdiction of this Court.
   

Chaitanya Lakshman
Resident Magistrate

11/06/10