The High court had today ruled that the Magistrates court made an error when sentencing a Nasinu Landlord found guilty of 2 counts of failure to give 12 weeks of written notice for increase of rent.

Ashwin Prasad of Kalokalo Cresent, Makoi was found guilty and was fined $250 by the Magistrates court in 2005 however, he appealed against the sentence.

The Prices and Incomes Board (PIB) took Prasad to court for increasing the rent for his premises from $200 to $225 on 28th July, 2005 without giving 12 weeks written notice to PIB for the said proposed increase.

Then again on 14th September 2005 he proposed an increase in rental from $200 to $305 without giving a 12 week written notice to PIB.

In court today, Judge Justice Isikeli Mataitoga said that there were no witnesses called and that the court agreed to receive written submissions on the one issue the parties agreed to determination whether the payment of penalty under the Tenancy Agreement comes with the meaning of any rent and for which the mandatory 12 weeks’ notice requirement under Clause 2 of the Counter Inflation Order 1996 applies.

Justice Mataitoga said after receiving the court record of 20th September 2007, it is clear that the agreement to seek the court's ruling on the issue whether the penalty imposed pursuant to the tenancy agreement in addition to normal rent was an increase in rent for which a 12 week notice was required under the Counter Inflation Order 1996.

Justice Mataitoga said the Magistrate delivered her ruling on the issue of law and also found Kumar guilty of the charge without further affording him an opportunity to present any other defense he may have had. He said this was a serious error that is fatal.

He said this failure results in substantial miscarriage of Justice and it must addressed by vacating the verdict and orders made in the Magistrates court.

Justice Mataitoga has remitted the matter to the Magistrate's court to fix continuation of the hearing.

The case has been adjourned till 22nd of this month.