The High Court in Lautoka has ordered a man return a piece of land to his mataqali in Sabeto, Nadi.
Jolame Qoro of Sabeto had gone to court on behalf of members of tokatoka Vunatawa (mataqali Manu) to seek an eviction order against mataqali member Ilisoni Galala.
Mr Galala claimed he had consent from the Tui Sabeto to occupy the land. The court noted 77.5 per cent of the members consented to the action and had “common interest and common grievance” against Mr Galala illegally occupying the land belonging to their clan.
“An individual member of a mataqali cannot establish any right over the land belonging to his mataqali,” said Mohamed Azhar, Master of the High Court in Lautoka in his December 17 ruling.
He said neither a member of a mataqali nor a Tui could individually establish any right over mataqali land, or give consent to another person to occupy such land, unless it was dealt with by the iTaukei Land Trust Board.
“As a result, the consent claimed to be given by Tui Sabeto to the defendant cannot give any right to him to occupy the subject land in this matter.
“The defendant can only remain in possession of the subject land if he gets proper lease facilitated by the iTaukei Land Trust Board for the area he has been occupying now.
“Accordingly, the defence taken by the defendant fails in this matter and he ought to be evicted from the subject land with immediate effect.”
