The Fiji Law Reports of the Cases Decided in the Supreme Court of Fiji, in the Court of Appeal, and in the High Court of Fiji Volume 1

The Fiji Law Reports of the Cases Decided in the Supreme Court of Fiji, in the Court of Appeal, and in the High Court of Fiji Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...they ought to Connvinnn. be reduced. If the plaintiff will consent to have them so reduced, there need be no new trial, even though I should come to the conclusion that the damages are excessive, for the case of Belt v. Lawes (1), decides that where the plaintiff is entitled to substantial damages, and the verdict which he has recovered cannot be impeached except on the ground that these damages are excessive, the Court will refuse a new trial if the plaintifl' alone, without the defendants, consent to the damages being reduced to an amount which the Court would not have considered excessive had they been given by the Court below. Now, the plaintifi in this case, if entitled to any damages at all, was, I am of opinion, entitled to substantial damages. The defendants can show no right, legal or equitable, to the possession of his lands and the lands they have kept the plaintiff out of, and from enjoying the possession of, for a period which now approaches eight years. Indeed, I cannot say that the Court and Assessors below were wrong on the evidence submitted to them in awarding to the plaintiff below exemplary damages. The question I next have to consider is whether such damages were not excessive, even when regarded as exemplary damages. On the question of damages, conflicting evidence was given as to the area of the plantations; as to the nature and extent of the cultivation thereon, including trees growing on the plantations; as to the yield of cocoanut trees, and the value of the produce; and generally as to the condition of the plantations before they were taken possession of by the defendants, (1) L. R. 12 Q. B. D. ass. and their present condition. This evidence was given at great length in the Court below, and was much...show more

Product details

  • Paperback | 116 pages
  • 189 x 246 x 6mm | 222g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236770749
  • 9781236770745