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Fiji Islands - Court of Appeal Digest 1991-2000 - Land |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Ambika Prasad v Santa Wati & Bisun Deo
LAND
Land Transfer Act (Cap 131) Section 169- whether equitable interest established- whether notice of unregistered interest constitutes fraud- requirement for dishonesty -whether case suitable for summary adjudication- appeal allowed.
38/95
98/130
Bank of Baroda v Chauhan Investments Ltd
LAND
Agreement for lease - damages for breach -appeal against quantum - cross appeal seeking specific performance - whether terms of lease ascertainable with certainty - indemnity provision not implied-duty to mitigate damages - power of FCA to deal with costs not ordered by the High Court- appeal allowed in part.
33/92
94/89
Deo Kumari v. Bhagwan Dass
LAND
Undefended action for possession of land- order for possession in default of defence- wrong procedure followed by High Court- no arguable defence- appeal against order for possession dismissed.
2/98
99/157
Devi Chand v Australia & New Zealand Banking Group
LAND
Mortgagee has no standing to bring action for possession under provisions of Section 169 of the Land Transfer Act(Cap.131).
24/93
94/46
Director of Lands & Anr v. Abdul Razak & Anr
LAND
Crown Land Act(Cap.132)section 13- whether transfer of a mortgage a dealing with land- whether Director's consent required – whether a subsequent transfer a dealing by a lessee- appeal dismissed.
10/93
93/350
Farook Akbar & Anr v. Western Land Development Co. Ltd
LAND
Land Transfer Act(Cap.131) - appeal against refusal to order transfer dismissed on the facts.
12/92
93/470
Gulam Ali Dean v. The Attorney-General & Anr
LAND
Sale and purchase agreement - alleged duress and breach of duty of care - appeal dismissed on the facts.
16/90
93/175
Jamandas Sports (Fiji) Ltd v Stinson Pearce Ltd
LAND
Appeal from summary judgement - power of the High Court under RHC 0.14 - promissory and proprietary estoppel - matter remitted to the High Court for hearing.
40/92
94/246
Krishna Murthi v. Atul Kumar Ambalal Patel
LAND
Summary order for possession of land- application for stay pending appeal dismissed on the facts.
14/00
00/159
Mohammed Ali v Rohit Ambalal
LAND
Sale of Land- alleged part-performance- on application to remove caveat questions of title should not be decided- appeal allowed.
42/95
96/91
Mohammed Nasir Khan & Ors v. Mohammed Rafiq
LAND
Subject to Order for possession of land being stayed for further period for position to be clarified with the Lands Department, appeal dismissed.
9/98
00/265
Pankaj Bamola & Anr v Moran Ali
LAND
NTR
50/90
92/176
Pravin Kumar v Rajen Kumar
LAND
Land Transfer Act (Cap 131) sections 169-172 -appeal against order for possession - onus not discharged by respondent - appeal allowed.
58/95
96/56
Prince Viyas Lakshman & Anr v. The Trustees of Sanatan Dharam & Ors
LAND
Land Transfer Act (Cap.131) Section. 39(1)- possessors of land entitled to take free of encumbrances-appeal allowed against qualifications unilaterally added by the trial judge to Declaration sought.
4/90
92/45
Public Trustee of Fiji v. Krishna Nair
LAND
Contract for sale of Crown Land - preliminary agreement not amounting to dealing contrary to Section 13(1) of the Crown Lands Act (Cap 132) -whether equitable estoppel may prevent reliance on Section 13(1) - damages awarded against Public Trustee for wilful default.
10/96
97/99
Ram Swamy v. Padma Wati
LAND
A personal right to occupy a house cannot confer a right on others to occupy the land or plant it.
70/95
97/69
Ranjit Singh v Gordon Wilson Speakman & Ors
LAND
Agricultural land- notice to quit- whether valid- whether appropriate to registered lease- whether properly served- whether service at post office box service at place of abode-whether lease terminated- extent of rights of relief against forfeiture.
40/95
98/103
Rev. Sairusi Kamanalagi Soqeta v Rev. Paula Tikoinakau
LAND
Dispute between rival pastors - High Court refusing possession to legal owners of church property - whether any proprietary estoppel - appeal allowed-injunction granted.
21/93
93/459
Sami Nadan v. Wairuku Land Purchase Co-Op Soc. Ltd & Ors
LAND
Appeal against dissolution of injunction preventing subdivision of land dismissed.
44/99
00/392
Satish Prasad v. Vijay Prasad
LAND
Land Transfer Act (Cap 131) Section 21- last registered proprietor - allegations of fraud - must be specifically pleaded – counsel’s duty- misconceived appeal dismissed.
66/96
97/608
Suruj Narayan v Brij Ram
LAND
Purchase of Land -agreement to repay loan - allegation of misrepresentation -appellant disbelieved in High Court - no reason to disturb finding- appeal dismissed.
45/92
93/168
The Official Receiver v Petrie Ltd
LAND
Sale of land- whether specific performance available after enforcement of contract for sale becomes time-barred-inordinate delay- when arises- agricultural land- ALTA- Section 13(1)- whether extension of tenancy automatic- effect of failure to pay rent.
49/97
98/321
The Attorney-General v Consolidated Realtors Ltd
LAND
Crown Land - application for consent to mortgage- allegation of fraud and negligence against the Minister -appeal against award of damages in the High Court - whether cause of action established by plaintiff - appeal dismissed.
9/90
93/98
© Michael Dishington Scott 2000
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