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Singh v Mani [2010] FJMC 96; Civil Case 37 of 2010 (30 July 2010)

IN THE FIRST CLASS MAGISTRATES COURT
AT NAUSORI
FIJI ISLANDS

Civil Case No: 37 of 2010

Ravin Nischal Singh
Plaintiff

And

Raj Mani
Defendant

Before: C. Lakshman
Resident Magistrate

For Plaintiff : Gordon & Chaudhry
Defendant : Ms. N. Raikaci (Ravono & Raikaci)

Ruling on Jurisdiction of Magistrate's Court

Application

The Plaintiff's in this action have filed a writ against the defendant seeking damages for their loss for breach of an agreement.

The Counsel for the Defendant in Court stated that this Court does not have jurisdiction to deal with the matter. The Court asked both parties to make written submission on the issue for consideration by the Court.

The Law

The Jurisdiction of the Magistrate Court is governed by the Magistrates Court Act and as a result of subsequent amendments is now covered by Magistrates Court Act (Amendment) Promulgation 2007 (Promulgation No. 34 of 2007).

Application of the Law and the Parties Submission

The Counsels have made written submission which the Court has considered.

The Plaintiff's claim is for a declaration that the defendant breached an agreement and reneged from the promise given to the plaintiff and the plaintiff suffered loss and damages.

In this action the Court notes that the Plaintiff claims damages for breach of an agreement.

This Court notes the Magistrates Court Act (Amendment) Promulgation 2007 (Promulgation No. 34 of 2007), it provides as follows as per Section 16 (1) "without prejudice to the jurisdiction of a magistrate under this Act or other written law, a resident magistrate shall have and exercise jurisdiction in the following civil causes –

(b) in all other personal suits, whether arising from contract, or from tort, or from both, if the value of the property or the debt, amount or damage claimed whether as a balance or otherwise, is not more than $50,000.00."

The writ filed by the Plaintiff claims $45,546.63 (plus costs assessed by Court and states that it be limited within the jurisdiction of the Magistrates Court.

The Court notes that it is a contractual dispute and as such the Court has jurisdiction to deal with the matter and also the sum claimed is within the jurisdiction of the court.

Chaitanya Lakshman
Resident Magistrate

30/07/10