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Taken For Nasty Ride

Discussion in 'Civil Court, Procedure & Litigation' started by yusi, Aug 24, 2005.

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  1. yusi

    yusi Law Topic Starter New Member

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    I BOUGHT A PROPERTY IN 1998, APPLIED FOR BUILDING A BOUNDRY WALL AND RENOVATIONS OF HOUSE,THE WORKS WERE DONE UNDER MY SUPERVISION .

    IN THE YEAR JUNE 2000. I LEASED THE PROPERTY TO A DIPLOMAT.

    IN DEC 2001 A NEIGHBOUR WROTE ME A LETTER SAYING THAT I BROUGHT DOWN A TREE WITHIN MY PLOT WHILE BUILDING A WALL IN THE YEAR 2000 AND DAMAGED HIS OUT BUILDING WHICH IS SERVING AS A POULTRY SHED.AND BROUGHT A HUGE BILL OF DAMAGES AMOUNTING TO $35,000.HE NEVER CONTACTED BEFORE ON THIS ASPECT NOR DID HE SHOW ME ANY ACCIDENT. IT APPEARS THAT HE DID NOT CONTACT POLICE OR ANY RELEVANT AUTHORITY INSPITE OF FACT HE IS ACCUSEING ME THAT I FORCEFULLY MADE MY WORKERS TO CUT THIS TREE WITHOUGHT TAKING PRECAUTIONS. I DO NOT SHARE BOUNDRY WALL WITH THIS PERSON BUT OUR BOUNDRY MEET A T THE CORNER OF 4 PLOTS.HE TOOK UNILATERAL DECESSION TO DO IT HIMSELF WITHOUT MY CONSENT AS I WAS NOT CO OPERATING.HE ALSO DID NOT INFORM THAT HE IS SUFFERING LOSS DUE TO POULTRY FARMING. FARM ARE NOT ALLOWED IN RESIDENTIAL AREA .

    I PROMPTLY MADE A SITE VISIT AND FOUND THERE WAS NO TREE THAT HAD FALLEN INTO MY NEIGHBOURS PLOT FROM MY PLOT BUT .THERE WAS WIND UPROUTED TREE ADJUSTEN (2 FEET) TO MY WALL WHICH WAS BUILT IN 1998. AND TREE COULD HAVE FALLEN ON TO OUT BUILDING OF PLANTIFF.I COULD NOT ESTABLISH ANYTHING 100% AS THE TREE WAS ALREADY CUT INTO NUMBER OF PIECES AND BRANCHES ALREADY MOVED.

    I SAW FROM MY NEIGHBOURS PROPERTY THE REPAIR ON THE SHED WAS NOT EVEN $200.

    I ENQUIRED WITH WATCH MAN IN NEIGHBOURS PROPERTY AND HE CONFIRMED THAT NO TREE HAS FALLEN DOWN BUT THE TREE HAD GROWN LEANING AND ITS BRANCHES HAVE BEEN TOUCHING ROOF OF THE POULTRY FARM FOR ALMOST 4 TO 5YEARS .I HAVE VEDIO RECORDING SECRETLY RECORDING THIS EVENT WITH THE TREE IN QUESTION IN THE BACKGROUND. AND MAN MAKING THE STATEMENT.NOW THE FUNNY THING IS THAT THE SAME MAN HAS GIVEN TESTIMONY IN THE COURT IN 2003 THAT WE HAVE CARELESSLY CUT THE TREE..

    THE poultry FARM IN NOT REGISTERED AND IS IN RESIDENTIAL AREA. TITLE DEED VERY CLEARLY STATE OUR NEIGHBOUR HOOD IS FOR RESIDENTIAL USE ONLY.( HIS CLAIM FOR LOSS OF BUSSINESS IS US $20000. I FEEL HE CAN NEVER SUPPORT THE SAME.


    IN JAN 2000 THERE WAS NO CONSTRUCTION OR ANY TREE CUTTING ACTIVITY IN OUR PLOT. I REPLIED TO THIS GENTLEMAN USING A LAWYER..

    HE ALSO APPOINTED HIS BROTHER AS HIS LAWYERAND CONTACTED MY LAWYER TWICE FOR A COMPROMISE. MY LAWYER DID NOT RESPOND NOR DID OUR LAWYER CONTACTED ME AND INSTEAD WROTE TO HIM THAT I HAVE NOT APPOINTED HIM AS A LAWYER BUT HAD ONLY HIRED TO REPLY THAT ONE LETTER, WHICH IS TRUE BUT I THINK MY LAWYWER SHOULD HAVE INFORMED ME ABOUT THIS AS I REMEMBER CONTACTING HIM ONCE AND HAD ASKED IF BY ANY CHANCE HE HAS HEARD ANYTHING FROM OTHER SIDE. HE PROMISED THAT HE WILL DO IT AS HE HAS MY FAX NO.

    MY NEIGHBOUR PERSUED A CIVIL CASE IN HIGH COURT AND NO SUMMONS WAS ISSUED TO ME.HOWEVER THERE WAS NOTICE OF THE CASE IN THE NEWS PAPER THAT I DO NOT USUALLY READ. THE NAME WAS NOT CORRECTLY SPELT IN FACT MY NAME WAS SPLIT IN TO TWO AND MY SECOND NAME AND SURNAME WAS NEVER WRITTEN. THE PLOT NO OF THE PROPERTY WAS CORRECT BUT ROAD IS NOT CORRECT.THIS I HAVE COME TO KNOW IT ONLY TODAY.

    I HAVE THE PROOF THAT MY NEIGHBOUR PLANTIFF KNEW MY PRESENT HOUSE ADRESS AS HE DELIVERED HIS FIRST LETTER AND HE MENTIONED MY BOX NUMBER AND TELEPHONE NUMBER . THE DIPLOMATS TO WHOM I HAVE LEASED ARE NOT COOPERATING WITH ME WHEN I ASK THEM IF MY NEIGHBOUR EVER INQUIRED ABOUT MY CONTACT TO SERVE SUMMONS.
    THE JUDGE GAVE JUDGEMENT IN DEC 2003 WITH INSTRUCTION THAT I BE GIVEN THE COPY OF JUDGEMENT.THIS WAS NEVER GIVEN TO US AS IT STILL LYING IN COURT FILE.

    IN JULY 2005 I RECEIVED THE PHONE CALL FROM NEIGHBOUR ON MY MOBILE AS TO WHO I AM AND DISCONNECTED IMMEDIATELY, I BECAME SUSPECIOUS AND PERSUED WITH HIM UNTIL HE TOLD ME ABOUT THE JUDGEMENT.

    I WOULD LIKE THE OPINION OF EXPERIENCED LAWYER TO ADVICE ME AS MY LAWYER IS SAYING THE COURT MAY NOT ALLOW DUE TO TIME FACTOR!!! IS THIS JUSTICE FOR THE CASE THAT I NEVER KNEW?

    MY LAWYER(SAME LAWYER) HAS APPLIED FOR EXTENSSION OF TIME AND WE ARE HEARED. HE HAS NOT PUT IN THE AFIDAVIT THAT MY FULL NAME XYZ BUT HAS WRITTEN SAME 1/2 NAME. SPLIT INTO TWO.

    MY LAWYER AND OTHER LAWYER SHARE THE SAME FLOOR. IS IT POSSIBLE THAT I AM BEING TAKEN FOR A RIDE?

    WE HAVE HEARING NEXT WEEK ON TUESDAY. ANY ASSISTANCE WILL BE APPRECIATED.IS THERE ANY LAW AND NEW IDEAS THAT CAN SUPPORT ME?
    STRESSED AS I AM REALLY AFRAID IT WILL PUT ME DEEP TROUBLE FINANCIALLY.
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I'm a little unsure as to what exactly is going on. To begin, if they didn't serve you properly you can bring an "order to show cause" which is will allow you to reopen a case where there was a "default" judgment (where the defendant didn't show) if you can show good cause to reopen. This would generally mean (1) showing that service was improper and that you didn't get notice, and (2) you have a claim that could be meritorious and could make a difference in the outcome. This might be what you need to do.

    Good luck to you and I hope things work out. And in the future, it might help not to write everything in capital letters.

     

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