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Verma v Lal [2017] FJMC 9; Civil Action 11.2015 (12 January 2017)

MAGISTRATES’ COURT
NAUSORI
CIVIL JURISDICTION

Civil Action No. 11 of 2015

BETWEEN :

SANJAY SINGH VERMA of Lot 10 Vusiya Road, Raralevu, Nausori, Fiji.

PLAINTIFF

AND :

DIWAKAR LAL of 9 miles, Nasinu, Fiji.

DEFENDANT

COUNSELS : Ms. N Karan for the Plaintiff
Ms N. Raikaci for the Defendant

RULING

(Abuse of Court Process - Duplication and Want of Jurisdiction)

Introduction

The Defendant’s Counsel made preliminary submission that this matter is a duplication of Civil Action 2 of 2015 which is also before this Court and that claim is unenforceable and it needs to examine the Moneylenders Act which it alleges the Plaintiff is breaching.

The Plaintiff’s Counsel in her submission refuted the allegations and stated that the matter is not duplication.

Analysis

The Court has benefit of some submissions by both the parties. The Court is of the view that without dwelling into the matters the Court is not in a position to determine the issues brought forward by the Defendant’s Counsel. Certain figures and parties in each matter are similar. In light of the submissions this Court will take cognizance of the issues and seek that both this matter and Civil Action 2 of 2015 be dealt with side by side. This would assist the Court in determining whether it’s a duplication and abuse of process. The other issue whether the Plaintiff is a moneylender or not is part of the pleadings and evidence is needed to determine that issue.

Therefore this Court Orders as follows:

(ii) This matter and Civil Action 2 of 2015 to be dealt with side by side with this matter.

(iii) Orders as to costs are reserved until final determination of the matters.

Chaitanya Lakshman
Resident Magistrate

12^th January 2017