| Fiji Islands - Rokomatu v Native Land & Fisheries Commission - Pacific Law Materials |
IN THE FIJI COURT OF APPEAL
AT SUVA
RE: CIVIL APPEAL NO. ABU0007/96S
BETWEEN:
RATU ISIRELI ROKOMATU
APPELLANT
AND:
NATIVE LAND & FISHERIES COMMISSION
THE PERMANENT SECRETARY FOR FIJIAN AFFAIRS
NATIVE LAND TRUST BOARD
THE ATTORNEY-GENERAL OF FIJI
NAPOLIONI DAWAI
RESPONDENTS
TERMS OF SETTLEMENT FOR ORDE ORDER BY CONSENT
1. By consent the appeal against the decision of Mr Justice Lyons, delivered on 4th December 1995 is allowed.
2. Appellant is given leave pursuant to O.53 r.3 to apply for judicial review of a purported decision of the first respondent dated
30th November 1994 endorsing the advice of the Roko Tui Ba that the 5th respondent be installed as the Turaga Tui Nadi.
3. By consent the following declarations and orders are made on the appellant's application for judicial review:
(a) The First Respondent has made no valid decision in law as to the holder of the title of the Turaga Tui Nadi.
(b) The First Respondent's letter of 30th November 1994 does not constitute a decision of the First Respondent under the Native Lands Act Cap. 133.
(c) The 1st respondent take immediate steps to conduct an enquiry as to the rightful holder of the title of Turaga Tui Nadi pursuant
to s.17 of the Native Lands Act Cap. 133.
(d) No further payment be made by the 3rd respondent to the 5th respondent or to any other person in respect of lease moneys due and payable to the holder of the title Turaga Tui Nadi until the
decision is made pursuant to Section 17 of the Act.
(e) No order as to costs.
(f) Liberty to apply to the High Court reserved to any party.
Dated at Suva this 6th day of February, 1997.
Counsel for Appellant
Counsel for 1st, 2nd, 4th Respondent
Counsel for 3rd Respondent
Counsel for 5th Respondent
ABU0007.96s
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