THE High Court in Suva has ordered a family to vacate a property they had been unlawfully occupying and refusing to leave since the 1970s.
The plaintiffs, Lagsefuri Kongchiu Tavo and Mua Taukave, initiated this legal action, seeking among other things a declaration that the land referred to as Tariagava was owned by their ancestor, the late Susau Tavo (Susau), as hunua pau as noted in the Land Register of 1960.
Court documents indicate that the defendant’s mother’s family was permitted to stay in Ms Tavo’s house until they reconstructed the defendant’s house, which had been destroyed by Cyclone Bebe around 1972, but after some time, they refused to vacate the land.
An attempt at summary eviction was made, but it was unsuccessful as the defendant, Henry Enasio, claimed fraud regarding the registration of Tariagava in Susau’s name.
The defendant in the amended statement of defence and Counter-Claim alleged fraud against the district officer and sought to cancel the entry of the land exchange between Susau and her father, Garagsau.
In his ruling on September 23, Justice Deepthi Amaratunga found that the defendant did not present sufficient evidence to support the counterclaim, as credible proof of forgery was lacking, leading to its dismissal.
Justice Amaratunga also declared the land indeed belonged to Ms Tavo and ordered the defendant to pay the plaintiff $5000 within 21 days.
