The High Court in Suva has dismissed an application for leave to seek judicial review of a decision by the iTaukei Lands Appeals Tribunal regarding a chiefly title dispute.
In his ruling on March 25, Justice Vishwa Datt Sharma said the applicant, Manoa Drugucava Gade, had failed to establish an arguable case for judicial review.
Mr Gade had sought to challenge a September 2023 tribunal decision concerning the rightful holder of the Roko Tui Cautata title, arguing that relevant factors relating to lineage and his position within the mataqali Gusuna were not properly considered.
However, Justice Sharma ruled that while courts may review tribunal processes in limited circumstances, such as lack of jurisdiction or denial of natural justice, those grounds were not established in this case.
“It is clear that the Applicant has not raised any issues related to any form of procedural impropriety… nor has there been any evidence… in relation to a denial of natural justice,” the judge said.
The court also noted that under Section 7(5) of the iTaukei Lands Act, decisions of the tribunal are “final and conclusive and cannot be challenged in a Court of Law,” except in narrowly defined circumstances.
Justice Sharma emphasised that judicial review is not an appeal on the merits of a decision, but rather an examination of the decision-making process.
As a result, the application for leave to pursue judicial review was dismissed in its entirety.
The court also ordered Mr Gade to pay costs of $1,000 each to the iTaukei Lands Appeals Tribunal and the Attorney-General within 14 days.
