The High Court of Fiji has reinstated the iTaukei Land Trust Board (iTLTB) as a defendant in ongoing native land proceedings, overturning a previous ruling that had dismissed claims brought by members of the Yavusa Nasau. Justice Chaitanya Lakshman delivered the ruling on January 30, 2026, indicating that the Acting Master had erred in removing the iTLTB from the case.
The legal dispute, which dates back to 1936, stems from claims related to native title, alleged breaches of duty, and demands for damages, royalties, and compensation concerning land administration. The plaintiffs, comprising traditional leaders and representatives from the villages in Tailevu and Koro Island, argue that their hereditary rights to iTaukei land were mishandled and are seeking acknowledgment of ownership along with other related remedies.
The litigation timeline is extensive, with the writ and statement of claim filed in April 2022 followed by numerous hearings. In August 2024, the Acting Master accepted the iTLTB’s application to strike out the claim against it and dismissed a request for default judgment.
Upon appeal, Justice Lakshman dismissed claims of bias and unreasonableness against the Acting Master but identified a critical error in excluding the iTLTB from proceedings. The court clarified that, under the iTaukei Land Trust Act of 1940, the Board is responsible for the administration of iTaukei land, meaning that any judicial orders relating to such land must necessarily involve the iTLTB.
Justice Lakshman emphasized that, regardless of the outcome against the Commission, the Board would be obliged to implement any court directives concerning the land. This ruling could pave the way for a more comprehensive resolution for the plaintiffs as they seek to affirm their rights and seek justice regarding their ancestral lands.
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