High Court judge Justice Samuela Qica is to decide whether the case filed by the Toko 999-year Leaseholders Association against the iTaukei Land Trust Board (TLTB) will move forward to a hearing.
The action was filed on behalf of the association by Payal Kumar and Adish Narayan of AK lawyers, both of whom appeared in the High Court in Ba yesterday, while TLTB in-house counsel Kelepi Ratule represented the defendant.
The plaintiffs are Nirendra Singh, Dhirendra Singh, and Rohit Narayan, acting for themselves and as president, treasurer, and secretary of the association.
Mr Narayan told the court he had come to an agreement with Mr Ratule regarding the law. Both agreed the relief sought by the tenants should be made available via consent.
Mr Ratule told the court the affidavit in opposition was a response to questions raised in the originating summons.
The summons, served on May 22, sought clarity from the court on several critical questions posed by the plaintiffs, namely, if Section 29(4) of the Constitution allowed the TLTB to legally surrender, terminate, or cancel valid existing leases, especially if it would impact the rights of lessees under the Constitution or common law.
The plaintiffs also questioned whether the TLTB had any legal right or power to surrender Native Head Lease Book 29 Folio 30, since the plaintiffs had existing registered sub-leases and other interests under it. Additionally, the plaintiffs questioned whether the TLTB could surrender the head lease without the consent of the sub-lessees and others with interests, as required by Section 62(b) of the Land Transfer Act 1971.
The court heard Mr Ratule would refer the orders to his executives for changes.
Justice Qica adjourned the matter to October 24 for mention.
