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Native Land Trust Board v Fiji Public Trustees Corporation Ltd [2012] FJMC 54; Civil Case 108.2010 (12 April 2012)

IN THE RESIDENT MAGISTRATE'S COURT AT SUVA

Civil Case No 108/2010

BETWEEN

NATIVE LAND TRUST BOARD
(PLAINTIFF)

AND

FIJI PUBLIC TRUSTEES CORPORATION LIMITED
(DEFENDANT)

PLAITIFF : Ms.Komaitai.
DEFENDANT : Not appeared.

FORMAL PROOF

1. This case had been filed in this court on 03.05.2010.
   
2. Initially the defendant had been represented by their Solicitor, Mr. O'Driscoll.
   
3. According to the Writ of Summons, the plaintiff had claimed a sum of $ 2,358.36 and the vacant possession from the defendant.
   
4. During the initial stages of this case, the Defendant appearing through his Solicitor, had, whilst acknowledging the Writ of Summons, requested time to discuss a settlement with the plaintiff.
   
5. Hence, there is no Statement of Defence filed by the defendant.
   
6. On 08.06.2011 two applications were came up before my sister magistrate for a judgement by consent and vacant possession. But none of the requests were granted.
   
7. When this matter called before me on 12.10.2011 the defendant did not appear. But the beneficiaries of the case has appeared and moved further time to pay the arrears.
   
8. On 04.01.2012, this Court informed that the case will be fixed for 'Formal Proof' since there was no appearance of the defendant.
   
9. On 08.02.2012 the Court proceeded with the 'Formal Proof'.
   
10. The evidence of the Estate Assistant, Mr.Jimilai Waqabaca was led in evidence having the witness properly sworn in.
    
11. In his evidence, Mr. Waqabaca testified to the fact that the defendant had been entered in to a lease agreement for a residential land with the plaintiff as the trustee for Daisy Karishma Chand, Dennis Krishneel Chand, Kelvin Shaneel Chand and Melvin Rajneel Chand.
    
12. This lease agreement was for the land known as 'Vunilauci No 03 Sub division Lot 02' situated at Nasori in the province of Tailevu. The extent of the land is 779 square metres. This lease agreement was initially entered in to 75 years from 01.07.2001 for an annual rent of $ 160. The copy of the agreement marked as P-1.
    
13. Thereafter on 07.02.2006 the plaintiff has written to the defendant under regulation 13 of the Native Land Trust (Leases and Licences Regulations) to reassess the rent in to $ 300.
    
14. Since there was no response from the defendant the reassessment notice was considered to have been accepted. This was communicated to the defendant by the letter dated 24.04.2006. The same letter marked as P-2.
    
15. The plaintiff was compelled to write the letter which was marked as P-3 to the defendant as there was a rent-arrears of $2,083.98 up to 31.12.2008.
    
16. The letter P-3 was dated 24.03.2009 and it had been served on the defendant through registered post. In the same letter the plaintiff has stated that the result of non compliance will give rise to legal action.
    
17. The witness stated that even after the period granted by the letter P-3 the defendant did not pay the monies that was due.
    
18. I have perused the original carbon copies of the documents marked as exhibit# 01, 02 and 03 in Court.
    
19. Plaintiff additionally claimed $ 168.75 as arrears collection fee and costs for the action in the Magistrate's Court.
    
20. In view of the foregoing, I hold that the defendant of this case has breached the agreement P-1 which was entered in 2006.
    
21. Hence I grant a default judgment in favour of the Plaintiff for a sum of $ 2,252.73/- and 5% post judgment interest until the full sum is paid by the defendant to the plaintiff.
    
22. The defendant is ordered to vacate the land Vunilauci No 3 Sub Division Lot 02.
    
23. In addition to the above, $ 500/- ordered by the Court as the costs, which should be paid by the defendant to the plaintiff.
    

YOHAN LIYANAGE
Resident Magistrate
Suva.
12th April 2012