The High Court in Suva has ruled in favour of Chellammal, the widow of the late Venkat Naidu, in a civil dispute over a Sigatoka property fraud that dates back nearly three decades.
Justice Vishwa Datt Sharma found on August 20 that Venkat Naidu was a victim of fraud and declared that the land he and his family had occupied since 1981, now part of Lawaqa Park, was unlawfully transferred away from him.
The Court ruled that Mr Naidu had a legal right to one residential lot under a 1984 sale agreement with the Sigatoka Town Council, which the Council failed to honour.
Mr Naidu had agreed to sell his 7-acre property to the Council for $22,150, with the condition that he be allowed to retain one residential lot for himself and his family.
However, in 1997, the Council transferred the entire land, including Naidu’s residential portion, to the Fiji Sports Council for just $1, without his knowledge.
Fiji Sports Council later attempted to evict Mr Naidu, prompting him to file a case in 2020. After his death in 2021, his wife Chellammal, as executrix of his estate, continued the legal battle.
Justice Sharma declared the 1997 land transfer fraudulent and void, ruled that Chellammal and her family are entitled to remain on the land, and awarded them over $150,000 in damages, including for stress, fraud, and breach of contract.
The Court also issued permanent injunctions preventing the Fiji Sports Council from interfering with their occupation or attempting to transfer the land.
“The Plaintiff (Chellammal) is not only entitled to reside on the land but also enjoys the protection of the Court from any interference, eviction, or further fraudulent dealings,” Justice Sharma stated.
Sigatoka Town Council has been ordered to pay General damages for breach of contract in the sum of $55,000.
Sigatoka Town Council, Fiji Sports Council and iTaukei Land Trust Board have been ordered to pay $40,000 for fraud.
Sigatoka Town Council and Fiji Sports Council have been ordered to pay $50,000 for embarrassment, injury to feelings, stress, inconvenience and harassment.
A further $15,000 in legal costs was also awarded on an indemnity basis.
The defendants have 28 days to comply with the ruling.