The High Court of Fiji has allowed an appeal by members of the Yavusa Nasau, setting aside an earlier ruling that struck out their claim against the iTaukei Land Trust Board (iTLTB) and reinstating the Board as a defendant in long-running native land proceedings.
Justice Chaitanya Lakshman ruled on 30 January 2026 that the Acting Master erred in removing the iTLTB from the case, which concerns declarations over native title, alleged breaches of duty, and claims for damages, royalties and compensation linked to land administration dating back to 1936.
The plaintiffs—traditional leaders and representatives from villages in Tailevu and Koro Island—are suing the State, the iTaukei Lands Commission, and the iTLTB. They contend their hereditary rights to iTaukei land were mishandled and seek recognition of ownership and related remedies.
The dispute has a lengthy procedural history. After the writ and statement of claim were filed in April 2022, multiple hearings followed. In August 2024, the Acting Master upheld the iTLTB’s application to strike out the claim against it under the High Court Rules, also dismissing an application for default judgment.
On appeal, Justice Lakshman rejected allegations of bias and unreasonableness against the Acting Master but found a substantive error in excluding the iTLTB.
The court held that because iTaukei land is vested in and administered by the Board under the iTaukei Land Trust Act 1940, any orders affecting such land would necessarily require the Board’s involvement.
“The land is vested in the Board,” Justice Laksman noted, adding that even if the plaintiffs succeeded against the Commission, it would be the iTLTB that must act on any court directions.
