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Pratap v Raji [1997] FJHC 194; Hbc0327d.97s (4 December 1997)

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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 RAJI f/n Ram Karan Singh
Defendant

Counsel: Mr. M.V. Bhai for the Plaintiff/Respondent;
Mr. J. Savou for the Defendant/Applicant

ORAL DECISION
(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
JUDGE

At Suva
4 December 1997

HBC0327d.97s


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