The High Court in Suva has struck out a civil action brought by the widow of Corporal Manoj Chand against the Commander of the Republic of Fiji Military Forces (RFMF) and the Attorney-General, citing a legal time bar under the RFMF Act.
Justice Chaitanya Lakshman ruled that the claim, filed nearly three years after the death of Corporal Chand, fell outside the required statutory time limits and could not proceed.
“The Plaintiff initiated this action nearly three years from the demise of Manoj Chand,” the judgment read.
“The Plaintiff cannot proceed, as Section 52 confers immunity to the Commander of RFMF.”
Section 52 of the Republic of Fiji Military Forces Act 1949 requires that any civil action against the RFMF must be filed within three months of the incident, after giving one month’s notice.
The case was brought by Irene Meena Chand, the widow and court-appointed administratrix of Corporal Chand’s estate. She had filed a writ of summons on 3rd October 2018 seeking damages, claiming that RFMF deployed her late husband despite knowing his serious medical condition.
According to the claim, Corporal Chand, a Type 2 diabetic, became seriously ill while working on a deployment in Sigatoka and later died at CWM Hospital on 12th October 2015 from septic shock and foot sepsis.
The action was formally struck out, with no orders as to legal costs.
