A landlord who evicted his tenant without a court order in Waisasa Settlement in Tamavua, Suva last year has been ordered to pay a compensation of $20,000 within the next 30 days by High Court Judge Justice Lyone Seneviratne.
The tenant’s case was taken to court by the Legal Aid Commission.
The court was told that Pramil Prasad moved to the house with his family in 2017 and was told by the owner of the house Umendra Sharma that he has to pay $300 rent every month.
However due to the outbreak of COVID-19 in March last year, Prasad told Sharma that he cannot afford to pay $300 and can only pay $150 however Sharma did not accept this.
Sharma then gave Prasad a verbal notice to vacate the house.
Following the warning, Prasad lodged a complaint with the Fiji Police Force and the Fijian Competition and Consumer Commission.
On 29th October 2020, the court was told that Sharma and 12 other men came to Prasad’s house and evicted him and his family and in the process pushed Prasad’s wife who had recently given birth and was holding an 8-day-old baby.
Prasad then complained to the Police and the Fiji Human Rights and Anti-Discrimination Commission.
In his judgment, Justice Seneviratne says Sharma has no right to forcefully evict Prasad without obtaining a court order.
Justice Seneviratne says it is clear that Sharma has acted contrary to section 39 of the Constitution and breached Prasad’s rights.
Section 39 of the Constitution states that every person has the right to freedom from arbitrary evictions from his or her home or to have his or her home demolished without an order of a court made after considering all the relevant circumstances.
It also states that no law may permit arbitrary evictions.
He says in this matter there were two children in the house and Sharma had no regard for their safety.
Justice Seneviratne adds Sharma is restrained from harassing, intimidating or evicting Prasad without a court order.
Sharma has been ordered to pay Prasad $20,000 within 30 days.
He is also ordered to pay $2,000 as costs within 30 days from the date of this judgment.
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