The Fiji Court of Appeal today upheld the decision of the Suva High Court in 2008 for former Minister, Marieta Rigamoto and her husband, Robert Rigamoto to pay their $1.5 million loan with interest.

The Appellants Robert and Marieta Rigamoto were customers of the National Bank of Fiji Asset Management Bank.

The Bank is a respondent to this appeal.

The Rigamotos obtained certain advances from the bank between 1991 and 1995 which amounts to $404,589.97 and over the period of time, interest has built up.

As security for the loan they gave in 1991 among other securities a mortgage over their freehold land of over 64 acres.

The Rigamotos appealed against the judgment of the High Court Judge Justice Jiten Singh in July 2008 where he had ruled that unless and until the loan account is settled, the agreed interest on the loan outstanding would accrue and the Rigamotos are bound to pay this interest irrespective of the fact whether they have the ownership or possession of the farm.

The problem between the parties arose when the Rigamotos in June 1995 transferred their land title to a Ranjit Prasad and Rajesh Chand who worked for them.

The two farm hands have not paid a cent of their debt as they did not know that they were signing a transfer of land.

By this transaction the Rigamotos have managed to get out of their huge debt to the Bank and which to this day remains unpaid.
 
Justice Singh arrived at a finding that the debt of $1,528,336.69 is not seriously challenged.

Central to all these dealings was one Visanti Makrava at all material times, the Chief Officer of NBF at the time.

He was the Rigamotos close friend as his actions under scrutiny in this case demonstrate.

Justice Jiten Singh attributed fraud and declared the transfer and consequential mortgage given by them as void.

The Rigamotos appealed on grounds that the High Court Judge failed to take into account that the interest on the loan accounts had been frozen or suspended by the Bank in 1996.

Today Appeals court Judges, Justice William Marshall, Justice Kankani Chitra-siri and Justice Srikandrarajah Sunaram ruled that all the grounds of appeal be dismissed, the orders of Justice Jiten Singh in the Court be followed and the costs of appeal of the National Bank of Fiji Asset Management Bank also be paid by the Rigamotos assessed in the sum of $2000.


Story by: Ronal Deo