High Court Rulings: Land Dispute Evictions and Domestic Violence Conviction Shatter Lives

The High Court in Suva has ordered occupants of an eight-acre land parcel located in Tamavua to vacate the premises following a civil case brought by Himalaya Parvat Company Pte Ltd and businessman Madhu Prakash. The ruling was made by Justice Usaia Ratuvili on July 9, highlighting the plaintiffs’ claims that the defendants lacked legal rights to remain on the property despite multiple notices requesting their removal.

Himalaya Parvat Company acquired the land in 1980, which was later subdivided into individual lots, including one owned by Mr. Prakash. The court records corroborated his ownership, tracing the lot’s title to its former owner, whose son subsequently sold it to Prakash for $25,000. One defendant acknowledged the company’s ownership of the land but disputed Prakash’s title, asserting that his sister remained the registered owner. He claimed to have occupied the land since 2012 with her consent after she emigrated to the United States. Nonetheless, Justice Ratuvili ultimately affirmed the plaintiffs’ legal interest in the property, stating, “The occupiers no longer have their permission to be on the land…”

In conjunction with the eviction order, all defendants are required to cover court costs, assessed at $700 per month.

In a separate case, Justice Ratuvili also convicted a man of sexually assaulting his wife in October 2023 while their children were asleep. The defendant, having consumed kava and beer prior to the incident, was found to have committed the assault despite the victim’s pleas to stop. Although he was initially charged with multiple counts, he was acquitted of some charges.

The presence of two significant rulings from the same court period reflects ongoing judicial efforts to address serious legal breaches, including property disputes and domestic violence. Enhancing awareness and understanding of legal rights is critical in preventing ongoing disputes and protecting vulnerable individuals, particularly in domestic environments.

These recent court orders and decisions highlight the judiciary’s commitment to upholding property rights and addressing violent offenses, providing hope that increasing public awareness and adherence to legal frameworks will foster a safer and more just society moving forward.