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Shankar v Singh [1994] FJHC 50; Hbc0220d.94s (13 May 1994)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC 0220/94S

BETWEEN:

DIWAN SHANKAR
f/n Hari Shankar
PLAINTIFF

AND

PRISCILLA SINGH & ANR.
DEFENDANTS

Mr. Savu Counsel for the Plaintiff

Date of Hearing: 13th May, 1994
Date of Decision: 13th May, 1994

DECISION OF PAIN J.

This is an application by the Plaintiff pursuant to Order 29 Rule 1 for an interlocutory injunction to be made ex parte restraining the Defendants "from bringing up any issues, that may directly or indirectly relate to the Plaintiffs alleged criminal act." The application is supported by a brief affidavit containing 5 paragraphs, each of one sentence only. The Plaintiff has commenced an action against the Defendants in which the indorsement of the claim is equally terse, being one sentence only. In it the Plaintiff claims damages for libel, although counsel in his submissions referred to "statements made by the Defendants at meetings."

The application is quite unsatisfactory in a number of respects:

1. The affidavit in support does not provide the court with full facts to enable proper adjudication of an ex parte matter.
   
2. The papers do not establish "irreparable or serious mischief" which is required by O.29 R.1(2) for an ex parte interlocutory injunction.
   
3. The injunction sought to prevent the Defendants "from bringing up any issues directly or indirectly" is too wide and general to have any real meaning. Greater specificity is necessary.
   
4. No argument has been advanced to justify the court interfering with freedom of speech by restraining statements of the defendants.
   

The application is refused.

JUSTICE D.B. PAIN

HBC0220D.94S