High Court in Suva rules in favour of Chellammal Naidu in Sigatoka land fraud case
The High Court in Suva has ruled in favor of Chellammal, the widow of Venkat Naidu, in a civil dispute over a long-running land fraud connected to a Sigatoka property that his family had occupied since 1981 and which is now part of Lawaqa Park. Justice Vishwa Datt Sharma found on August 20 that Venkat Naidu was a victim of fraud and that the land he and his family occupied was unlawfully transferred away.
The court determined that Naidu was entitled to one residential lot under a 1984 sale agreement with the Sigatoka Town Council, an agreement the Council failed to honour. Naidu had agreed to sell his seven-acre property to the Council for $22,150, with the condition that he and his family could retain one residential lot. In 1997, however, the Council transferred the entire land, including Naidu’s residential portion, to the Fiji Sports Council for just $1, without Naidu’s knowledge.
Fiji Sports Council subsequently tried to evict Naidu, prompting him to file a case in 2020. After his death in 2021, his wife Chellammal, as executrix of his estate, continued the legal battle. Justice Sharma declared the 1997 transfer fraudulent and void, ruled that Chellammal and her family are entitled to remain on the land, and awarded them more than $150,000 in damages for stress, fraud, and breach of contract. The court also issued permanent injunctions preventing the Fiji Sports Council from interfering with their occupation or attempting to transfer the land.
“The Plaintiff is not only entitled to reside on the land but also enjoys the protection of the Court from any interference, eviction, or further fraudulent dealings,” Justice Sharma stated.
In addition to the main ruling, the Sigatoka Town Council was ordered to pay general damages for breach of contract amounting to $55,000. The Sigatoka Town Council, the Fiji Sports Council and the iTaukei Land Trust Board were ordered to pay $40,000 for fraud, while Sigatoka Town Council and Fiji Sports Council were ordered to pay $50,000 for embarrassment, injury to feelings, stress, inconvenience and harassment. A further $15,000 in legal costs was awarded on an indemnity basis. The defendants have 28 days to comply with the ruling.
Context and value beyond the case:
The decision underscores ongoing judicial emphasis on protecting legitimate occupiers and ensuring the integrity of land transfers in Fiji. It echoes broader judicial movements toward safeguarding community-held land rights and holding public bodies accountable when property deals undermine lawful ownership. The case also highlights the enduring complexities of land transactions in Sigatoka and the need for transparent processes in property transfers.
Key takeaways:
– The court recognised a long-standing occupancy right dating back to 1981 and a 1984 sale agreement that was not honoured.
– A 1997 transfer of the entire land, including Naidu’s residential portion, was deemed fraudulent and void.
– Chellammal and her family are legally entitled to remain on the land, with substantial damages awarded for stress, fraud, and breach of contract, plus injunctive protection against further interference.
– The ruling places financial responsibility on the involved public bodies and related authorities, with a clear timetable for compliance.
Summary:
This ruling represents a decisive victory for the Naidu family, reinforcing protections for legitimate land occupiers and reinforcing the seriousness with which the courts view fraudulent land transfers in Fiji. It sends a clear message that improper transfers to public bodies can be challenged, and that victims and their families may be awarded substantial damages and safeguards to prevent further wrongdoing. The decision also contributes to a growing body of case law aimed at stabilizing land rights for communities facing similar disputes.
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