THE High Court in Ba has ordered the iTaukei Land Trust Board (TLTB) to pay $42,000 in costs to the Toko 999 Lease Holders Association following a legal battle over native head leases.
Delivering his ruling on October 2, Justice Samuela Qica rejected the TLTB’s arguments that the legal proceedings were prompted by a threat.
The court found that public notices issued in early 2025 announcing plans to surrender the Toko 999-year head lease created a genuine and justified apprehension among sub-lessees that their proprietary rights were under immediate threat.
The legal action, initiated by the Toko 999 Lease Holders Association representatives Nirendra Singh, Dhirendra Singh, and Rohit Narayan, successfully secured an interim injunction and a consent order.
The February 2026 consent order formally declared that the TLTB lacked the lawful right to surrender the native head lease without sub-lessees’ consent.
While Justice Qica agreed that the case was legally complex enough to deny full legal costs, he criticised the board for its unfair communication before the lawsuit.
Court documents state that the notices issued under the Property Law Act reinforced a high-handed approach.
Justice Qica ordered the TLTB to settle the $42,000 within 28 days while dismissing the board’s counter-application for costs.
