High Court Judge, Justice Mohammed Mackie granted an order that the iTaukei Lands and Fisheries Commission’s declaration of Ratu Vuniyani Navuniuci as the rightful holder of the title of Tui Nadi is irregular, void and of no effect.
The judgement was delivered on Tuesday in Lautoka.
The declaration was among the three listed in the Amended Notice of Motion filed on March 10, 2023, by Ratu Asiveni Dawai.
Justice Mackie said the decision of the iTaukei Lands Appeals Tribunal dated June 1, 2018, and the iTaukei Lands and Fisheries Commission (TLFC) dated December 5, 2017 declaring Ratu Vuniyani Navuniuci the rightful Tui Nadi was unreasonable.
He deemed the decision unlawful.
“The iTaukei Lands Appeals Tribunal acted in bad faith and in a manner which was unfair to Ratu Asiveni Dawai by proceeding to hear and upholding the decision of the TLFC that Ratu Vuniyani Navuniuci is the holder of the title of Tui Nadi,” Justice Mackie said.
He said this was despite there being a lawful order of the court made on the May 12, 2005, that prevented the TLFC from undertaking an inquiry into the rightful holder of the title of the Tui Nadi.
