Land Ownership Battle: High Court Rules on Navua Controversy

The High Court has declared the registration of land ownership transfer in Navua to Realeader Company Pte Ltd as unlawful, along with the removal of caveats that protected the rights of local occupiers. The ruling, delivered by Justice Dane Tuiqereqere, involved 10 plaintiffs who argue that they have a legitimate claim to part of the land in question based on adverse possession laws established in the Land Transfer Act.

The plaintiffs, who have been residing on approximately three acres of the 149-acre property historically linked to them through their ancestors since the 1940s, maintained that their rights to the land were neglected when Mr. Behari, the registered owner, sold the property in 2017. They contended that they had been tenants, paying rent and using the land for farming, and their ancestors were invited to occupy it by Mr. Behari. Following his death in the 1960s, attempts by his descendants to negotiate with the plaintiffs failed, culminating in the 2018 sale to Realeader Company.

Realeader Company claimed it acquired the property lawfully from Mr. Behari’s descendants and argued that the plaintiffs were unlawfully occupying the land. However, Justice Tuiqereqere found that the plaintiffs had established an equitable interest and that the company had ignored the plaintiffs’ claims when registering the land transfer, suggesting potential fraudulent acts in securing an unencumbered title.

This ruling emphasizes the ongoing struggles surrounding land rights in Fiji, especially pertaining to the intersection of formal ownership against informal settlements. Particularly, it reflects a growing recognition of the rights of informal occupiers and the complexities tied to legacy land use.

Moreover, it opens a doorway for further discussions around equitable solutions that respect the rights of both landowners and communities, thereby fostering cooperative approaches to resolve similar disputes in the future. This scenario underlines a hopeful potential for aligning property law with social justice, which could ultimately lead to enhanced stability for families who have long been rooted in these communities.