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High Court of Fiji |
Fiji Islands - Pratap v Raji - Pacific Law Materials IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION
CIVIL ACTION NO. 327 OF 1997
:
JITENDRA PRATAP
f/n Sarab Jeet
PlaintiffAND SHIU RAJIf/n Ram Karan Singh
Defendant
Counsel: Mr. M.V. Bhai for the Plaintiff/Respondent;
ORAL DECISION
Mr. J. Savou for the Defendant/Applicant
(Detailed Re later if required) >The defendant applies for dissolution of interim order for injunction herein granted to the Plaintiff on 12 August 1997.
The Plaintiff has filed an Affidavit in opposition to the defendant's application setting out, inter alia, how he came to be on the property in question and the circumstances under which he built the house. He admits that the defendant is the registered lessee of the land on which he built the house.
Having heard both counsel and after taking into account their legal submissions and the fact that, inter alia, the defendant is the registered lessee of the said land, it would be wrong to let the said injunction which was granted ex parte continue.
The Plaintiff has raised a number of issues but these did not just crop up recently but they have been there for sometime. The matters in dispute could still be determined without the need for an injunction.
The interim injunction is for these short reasons dissolved with each party to bear his own costs.
D. Pathik
JUDGEAt Suva
4 December 1997HBC0327d.97s
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