A recent court ruling has mandated that a squatter, along with others who claimed rights to a property in Navua, vacate the premises within 21 days. This decision came after a civil action was initiated by Instiwel Holdings Pte Ltd (IHPL) for possession of the property located at Lot 41, Deuba, within the Pacific Harbour Scheme Development. IHPL claimed that they are the registered owners of the property after acquiring it through a tender process.
The court learned that Waisake Kereni and others began occupying the land while the previous owner was absent, and despite receiving eviction notices, they continued to reside unlawfully on the property. The Registrar of Titles had previously rejected Mr. Kereni’s application for a vesting order based on information from Estate Management Services Ltd (EMSL). Justice Anjala Wati highlighted that Mr. Kereni had the right to appeal the registrar’s decision but failed to do so, which contributed to the court’s ruling.
In presenting their arguments, the defendants claimed that fraudulent activities had occurred regarding the property’s previous ownership and that the sale price from Mei Li Lin to IHPL was improperly low. However, Justice Wati noted that Mr. Kereni did not have a lawful claim to possession and stressed that his delays had caused unnecessary expenses for IHPL. As a result, the court ordered him and the other occupants to vacate and to pay IHPL $3,500.
This case reflects the ongoing challenges related to land ownership and squatting issues, similar to recent decisions in Fiji, such as a ruling involving squatters on land owned by Ridgeview Estate Pte Ltd. These rulings indicate the courts’ commitment to uphold property rights while also spotlighting the complexities tied to informal settlements.
While the eviction could be seen as a harsh consequence for those affected, it also provides an opportunity for meaningful discussions surrounding land use and the need for equitable solutions between property owners and vulnerable communities. There is hope that this case, along with others, will encourage both parties to engage in cooperative dialogue to prevent similar disputes in the future and seek sustainable housing solutions.
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