THE High Court in Ba has ordered the iTaukei Land Trust Board to refrain from surrendering or cancelling the native head lease without the consent of the Toko 999 leaseholders Association.
The order was made by Justice Samuela Qica on May 29.
The plaintiffs in this action are Nirendra Singh, Dhirendra Singh, and Rohit Narayan of the Toko 999 leaseholders Association. The defendant is the iTaukei Land Trust Board (TLTB).
The plaintiffs are jointly represented by Ashnil Narayan and Payal Kumar of AK Lawyers, who filed an originating summons on May 22 requesting several orders from the court.
Among orders sought was that a declaration be made that the TLTB and its staff could not legally surrender the native head lease without the consent of the plaintiff and other sub-lessees.
Additionally, they also requested the court to stop the TLTB from lodging or attempting to lodge or surrender any of the native head leases.
The plaintiffs also questioned whether the TLTB had any legal right or power to surrender Native Head Lease Book 29 Folio 30, given that they have subsisting registered sub-leases and other interests under it.
Justice Qica ordered the defendant and its agents and officers to restrain from surrendering and cancelling, in any form or manner, Native Head Lease Book 29 Folio 30 which was leased under survey plan in the District of Tavua, in the Province of Colo North, which defeats the plaintiffs’ subleases issued out of the said Native Head Lease without their consent.
TLTB was also ordered to file and serve an opposong affidavit within 21 days.
The matter has been adjourned to July 24.
