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Fiji Muslim League v Ali [2004] FJHC 356; HBC0374D.2003S (8 March 2004)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION

ACTION NO. HBC0374D OF 2003S

BETWEEN:

FIJI MUSLIM LEAGUE
a religious body duly registered under the Religious
bodies Act and having its Head Office
at Samabula, Suva, Fiji.
PLAINTIFF

AND:

MUSTAK ALI
(f/n Hassan Ali) of Fiji
Muslim Estate, Ratu Mara Road, Nabua,
Suva, Fiji, Motor Mechanic.
DEFENDANT

Counsel for the Plaintiff: Makereta H. Mua: Khan & Co.
Counsel for the Defendant: Raman P. Singh: Kohli Singh & Co.

Date of Decision: 8 March, 2004
Time of Decision: 10.00 a.m.

DECISION (EX-TEMPORE)

This is a section 169 application. The Defendant has been living illegally on the Plaintiff’s property comprised and described as CT. 11829 Lot 1 on DP 2495 at Nabua, in Suva. The Defendant claims that he has been a tenant of the Plaintiff in the for the last 9 years and that he had offered rent for the tenancy, but had been refused by the Plaintiff.

There is clearly no evidence to give credence to the Defendant’s claim of a tenancy agreement between himself and the Plaintiff. Even if there was a yearly tenancy, which this Court does not believe the relationship between the parties created, the Plaintiff is perfectly within its legal rights to give notice to the Defendant to vacate.

Under the circumstances, the Court is satisfied that all the requirements of sections 169 and 170 have been complied with. Order is hereby made that the immediate possession of the said property be given to the Plaintiff.

Costs of $150.00 to the Plaintiff.

F. Jitoko
JUDGE

At Suva
8 March, 2004