The High Court in Suva has ordered Pacific Polytechnic Limited to vacate a property in Samabula, ruling in favour of the Trustees of Sanatan Dharm Pratindhi Sabha of Fiji in a long-running tenancy dispute.
In a decision delivered on April 24, 2026, the Court granted immediate vacant possession of the property, which includes classrooms, offices, a garage and school grounds on Crown Lease land in Samabula East.
The trustees, as registered proprietors of the land, had applied for the eviction under Section 169 of the Land Transfer Act, arguing that the tenancy agreement had been lawfully terminated.
The Court found that the plaintiffs had provided more than sufficient notice — 448 days compared to the required 90 days — effectively ending the tenancy.
“I find that… the Defendant no longer has a legal right to be on the property,” said Justice Usaia Ratuvili.
Pacific Polytechnic had opposed the application, arguing that the termination was disputed and that the matter involved complex legal and factual issues requiring a full trial.
The institution also cited its role as an educational provider, stating that eviction would disrupt students and operations.
However, the Court ruled that such issues could be addressed separately through civil proceedings and did not justify continued occupation of the land.
The Court also rejected procedural objections, including claims of short service, stating that any prejudice was outweighed by the need to determine the matter.
As part of the ruling, the eviction order has been suspended for one month to allow the defendant time to vacate.
The trustees have also been directed to return rental payments made by the defendant since May 2024, while the defendant has been ordered to pay $1,000 in costs.
“There is no justification… the Court can only seek forgiveness from the parties for the delay,” the judge noted in acknowledging the time taken to deliver the ruling.
The decision reinforces the legal standing of registered landowners and confirms their right to reclaim possession once tenancy agreements are lawfully terminated.
