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Chand v Salamma [2005] FJHC 593; HBC0053.2005 (5 August 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

ACTION NO. HBC0053 OF 2005

BETWEEN:

AMI CHAND
PLAINTIFF

AND:

SALAMMA
DEFENDANT

D. Kumar & Co for the Plaintiff
Mr J. Sharma for the Defendant

Date of Hearing: 24 June 2005
Dates for Submissions: 08 July, 22 July and 29 July 2005
Date of Minute 05 August 2005

MINUTE OF FINNIGAN J

I have before me a summons filed on 27 May 2005 for an order to dissolve an order which I made ex-parte on 8 March 2005. The ex-parte order was for extension of a caveat No 545521 which had been registered on 30 July 2004. The Defendant has filed an affidavit and so as the Plaintiff. Counsel for the Defendant filed a submission in accordance with the timetable. The Plaintiff has not filed submissions and Defendant’s Counsel asks for a decision.

Counsel’s submission is persuasive. A ruling that dissolves the order granting extension of the caveat can be given. However on 15 July 2005 one week before Counsel’s submission was filed I was handed a photocopy of a letter said to be a letter written by the Defendant to her lawyers asking them to withdraw all actions on her behalf. I now do not know what is required.

On 3 June 2005 I was told by Counsel that my order extending the caveat was made after the caveat had been removed and that the registrar upon receipt of the order re-applied the caveat but that in the meantime a new transaction had taken place and a transfer had been lodged.

At Counsel’s request I was giving this matter some urgency. Counsel should now let the Court know what if anything is required. It will be listed for appearances on Friday 26 August 2005.

If the matter is to be discontinued then a document can be filed and appearances on 26 August 2005 will not be required.

D.D. Finnigan
JUDGE

At Lautoka
05 August 2005