The High Court in Suva has awarded businessman Alfaaz Mallam a total of $170,000 in damages after finding that another businessman, Krishneel Krishan Kumar, defamed him by falsely accusing him of stealing a shipping container.
Justice Savenaca Banuve, delivering judgment on September 4, rued in favour of Mr Mallam, the Director of All Freight Logistics Ltd, and granted an injunction restraining Mr Kumar from making any further defamatory statements.
The Court also ordered Mr Kumar to issue a public apology acknowledging the falseness of his claims.
In his ruling, Justice Banuve found that Mr Kumar falsely told several individuals, including a director of Bargain Box Ltd, that Mr Mallam had stolen a 40-foot container from him.
The statements were made in July and August 2021 and were later corroborated in court by Bargain Box Director Rohil Roy, who said Mr Kumar accused both him and Mr Mallam of theft.
“The Court finds that the Plaintiff (Mr Mallam) is the legal owner of the container and the Defendant (Mr Kumar), as consignee, had a limited interest,” Justice Banuve ruled.
Justice Banuve said Mr Kumar’s actions were deliberate and malicious, noting that he made no effort to apologise or correct his claims, even after police found no basis to charge Mr Mallam.
The Court awarded $70,000 in general and aggravated damages, $100,000 in exemplary damages, 6% pre-judgment interest from December 3, 2021, to September 4, 2025, 4% post-judgment interest until full payment and $3,000 in legal costs.
