The Fiji Court of Appeal today ruled that the parents of Alexander Chambers are entitled to damages after his body was stopped from being buried in Wakaya Island last year.
Kenneth Chambers who is the father of Alexander, wanted to bury his 22 year old son on Wakaya Island but was stopped by the owners of Wakaya Limited through a High Court injunction.
Fiji Court of Appeal Judge, Justice Izaz Khan ruled this morning that the granting of the injunction to stop the burial was wrong and he cannot find any basis upon which Wakaya Limited could have applied for such an injunction.
While delivering his judgment, Justice Khan highlighted that Wakaya Limited had alleged that the burial would cause harm to their Resort and Spa operations, however there was no evidence produced in court which could prove this.
It was also highlighted in court that Kenneth and his wife Marsha were entitled to re-enter and take possession of Lot 6 at Wakaya Island without the necessity of giving any notice or making any formal demand as Marsha is the registered proprietor of the whole Lot 6 and Kenneth Chambers claims to own 50 percent of Lot 6 by agreement.
Justice Khan ruled that Chambers is entitled to damages in the light of the fact that the injunction caused his family severe psychological trauma and anxiety over a prolonged period.
Justice Khan has referred the matter to the Master of court for the assessment of damages suffered by Alexander's parents.
In addition to this, Wakaya Limited has been ordered to pay Chambers costs of $3,000 for the Fiji Court of Appeal and another $3,000 for costs in the High court.
Alexander Chamber died suddenly from an undiagnosed brain tumour last year.
Story by: Dhanjay Deo
