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Chand v Commander of the Republic of Fiji Military Forces [2025] FJHC 620; HBC301.2018 (26 September 2025)

IN THE HIGH COURT OF FIJI

AT SUVA

CIVIL JURISDICTION

Civil Action No. HBC 301 of 2018

BETWEEN:

IRENE MEENA CHAND

of Lot 56 Siga Road Laucala Beach Estate, Suva, Supervisor as the Administratrix of the Estate of Corporal Manoj Chand.

PLAINTIFF

AND:

THE COMMANDER OF THE REPUBLIC OF FIJI MILITARY FORCES

of Berkley Crescent, Suva

1^st DEFENDANT

AND:

THE ATTORNEY GENERAL OF FIJI

of Suvavou House, Victoria Parade, Suva.

2^nd DEFENDANT

Representation:

Plaintiff: Mr. Y. Kumar (Jiten Reddy Lawyers)

First Defendant: Mr. A. Paka (Army Legal Services)

Date of Hearing: 18^th August 2025.

Judgment

[1] A summons to strike out was filed on behalf of the 1^st Defendant. It is pursuant to Order 18 rule 18 (1) (a), (b) and (d) of the High Court Rules 1988. The summons supported by an affidavit of Aisake Oatley Rabuku (Commander (Navy)), Principal Legal Officer, Army Legal Services. An affidavit in opposition of the Plaintiff was filed.

[2] The 1^st Defendant seeks to strike out the matter pursuant to Section 52 of the Republic of Fiji Military Forces Act 1949. They argue that this Act gives RFMF immunity from any civil liability if the matter has not been instituted within 3 months period after giving notice of 1 month. They further relied on a Court judgment, Kaiava Tadrau v. RFMF HBC 334 of 2020. It was delivered on 4^th July 2023.

[3] For the Plaintiff, the submission is that the summons be struck out. Their position is that the matter is not frivolous, vexatious and scandalous. It has serious purpose. The claim is meritorious and ought to be tried in court. For the Plaintiff the time lapse is accepted as a serious hurdle.

[4] The Plaintiff instituted this action on 3^rd October 2018 by way of writ of summons seeking damages from the Commander of RFMF following the demise of Manoj Chand. According to the statement of claim, Manoj Chand, was the husband of the Plaintiff and a Corporal in the Military. He passed away on 12^th October 2015 at CWM Hospital, Suva as a result of septic shock and foot sepsis. At the time of his demise, Manoj Chand was employed by Republic of Fiji Military Forces (RFMF). It is claimed that the deceased was a diabetes type 2 patient and was undergoing treatment at RFMF. It is further claimed that despite the Defendant knowing the condition of Manoj Chand deployed him for work with RFMF Engineers in Sigatoka. That Manoj Chand was working at the site when he became ill and could not continue to work.

[5] Section 52 of the Republic of Fiji Military Forces Act 1949 provides:

[6] The Commander of RFMF is an ‘officer’ in terms of Section 2 of the RFMF Act 1949.

[7] The action was instituted on 3^rd October 2018 seeking damages from the Commander (RFMF) following Manoj Chand’s demise on 12^th October 2015.

[8] The time period for institution of an action under Section 52 of the RFMF Act 1949 is stated to be three months after giving notice of one month.

[9] The Plaintiff initiated this action nearly 3 years from the demise of Manoj Chand. The Plaintiff cannot proceed as Section 52 confers immunity to the Commander of RFMF.

[10] The action is struck off. No orders as to costs.

Court Orders

(i) Action is struck off.
(ii) No costs.

Hon. Justice Mr. C S C A Lakshman

Puisne Judge

26^th September 2025