The High Court in Suva has dismissed a company’s originating summons seeking to remove a man from a property in Samabula, Suva.
Justice Chaitanya Lakshman said the first requirement for the plaintiff, BOWOX Trading Co Pte Ltd, is to satisfy the court under section 169 (a) of the Land Transfer Act 1971 that it is the last registered proprietor of the land.
The company had annexed a certificate copy of the State Lease, which was photocopied.
According to Justice Lakshaman, the photocopied version is unacceptable because the rationale for a certified copy is defeated by annexing a photocopy.
“The copy of State Lease states that lessee is BOWOX Trading Co LTD, a limited liability company having its registered office at Suva in Fiji. ‘LTD’ in the company name seems to have been added or written in,” stated Justice Lakshman on July 25.
“The State lease is a legal document. It seems to have been altered.”
Justice Lakshman also ordered the company to pay a cost of $2000 as a cost to the defendant within 21 days.