The High Court in Suva has ordered Pacific Polytechnic Limited to vacate premises in Samabula East, delivering a ruling on April 24, 2026 that grants immediate vacant possession to the Trustees of the Sanatan Dharm Pratindhi Sabha of Fiji in a long-running tenancy dispute. Justice Usaia Ratuvili found the trustees, as registered proprietors of the Crown Lease land, were entitled to reclaim the property that houses classrooms, offices, a garage and school grounds.
The trustees had applied for eviction under Section 169 of the Land Transfer Act, saying the tenancy had been lawfully terminated. The court found the plaintiffs gave 448 days’ notice — well beyond the 90 days required by law — effectively ending the tenancy. “I find that… the Defendant no longer has a legal right to be on the property,” Justice Ratuvili said in the written decision.
Pacific Polytechnic opposed the eviction, arguing the termination was disputed and that complicated legal and factual issues, including the institution’s role as an education provider, required a full trial. The polytechnic warned that removal would disrupt students and operations. Justice Ratuvili rejected those submissions, noting such grievances should be pursued in separate civil proceedings and did not justify continued occupation of the land while the proprietors exercised their registered rights.
The court also dismissed procedural objections, including allegations of short service, holding any prejudice to the defendant was outweighed by the need to resolve the ownership issue. As part of the judgment, the High Court ordered that rental payments made by Pacific Polytechnic since May 2024 be returned to the trustees. The polytechnic was additionally ordered to pay $1,000 in costs.
Although the ruling grants immediate vacant possession, the court suspended the eviction order for one month to allow Pacific Polytechnic time to vacate the premises in an orderly manner. That suspension gives the defendant until late May to arrange relocation and transition of students and assets. Justice Ratuvili acknowledged the delay in delivering the judgment, telling parties, “There is no justification… the Court can only seek forgiveness from the parties for the delay.”
The decision is the latest development in a prolonged dispute over possession of Crown Lease land in Samabula East and underscores the legal protections afforded to registered landowners once tenancy agreements are lawfully terminated. The trustees’ successful application reinforces that landowners may seek summary relief under the Land Transfer Act where notice requirements have been met.
With the one-month stay now in effect, attention will turn to how Pacific Polytechnic manages the move and whether it pursues further civil claims over alleged losses or disputes about termination. The ruling leaves open the possibility of separate litigation on wider issues raised by the institution, but it confirms the trustees’ immediate right to reclaim the property at the conclusion of the suspension period.