Vosailagi v Mara [1993] FJHC 27; Hbc0569j.91s (12 March 1993)

IN THE HIGH COURT OF FIJI
At Suva
Civil Jurisdiction

CIVIL ACTION NO. 569 OF 1991

Between:

BULOU ETA KACALAINI VOSAILAGI
Plaintiff

- and -

1. ADI LADY LALABALAVU LITIA KALOAFUTOGA MARA
2. YANUCA ISLAND LIMITED
3. NAKURUVAKARUA COMPANY LIMITED
4. THE REGISTRAR OF TITLES
Defendants

Mr. A.R. Matebalavu for the Plaintiff
Mr. Q.B. Bale for the 1st and 3rd Defendants
Mr. C.B. Young for the 2nd Defendant

JUDGMENT

On the 5th of December 1992 this Court delivered an interim judgment the penultimate paragraph of which reads:

"Accordingly I do not propose at this stage to exercise the Court's power to appoint a trustee or trustees and risk perpetuating or aggravating the existing hostilities, instead I shall by way of an indulgence to the parties give all the beneficiaries of the 'Yanuca Trust' the opportunity of meeting together and deciding by themselves and for themselves in the traditional and customary manner, the names of the new person or persons that they collectively consider would best serve all their interests in the execution of the 'Yanuca Trust'.

Subsequent to that interim decision a meeting was held on the 21st of December 1992 at Naqeledamu, Cuvu, Nadroga and was attended by about 100 adult members of the Tokatoka Nakuruvakarua.

Unfortunately no consensus could be reached on the nominations for the position of trustee(s) and accordingly this Court as earlier indicated must now proceed to final judgment.

I am of course mindful that this 'trust' is a fairly substantial one in terms of assets and accumulated funds and that such resources need constant and careful management if it is to grow and meet the aspirations of its present and future beneficiaries.

Equally I am satisfied that the proper management of the resources is not only beyond the abilities of a single individual but that such an individual would need the support and assistance of independent professional advisors.

I have considered the lists of "acceptable nominees" submitted in earlier affidavits filed by the plaintiff and the defendant and I note that there is only one person common to both lists namely, Ratu Kinijioji Nanovo Vosailagi a highly respected chief and member of the 'Tokatoka Nakuruvakarua'.

I have not the slightest doubt that his appointment as a trustee of the 'Yanuca Trust' would provide a valuable and continuing presence for the beneficiaries on the 'board of trustees' which I propose to appoint.

Equally I am convinced that 'the trust' would benefit greatly from the appointment of independent persons who would hopefully bring to the management of 'the trust' not only their individual expertise and advice but additionally would not be 'tainted' by any suggestion of partisanship in the tendering of such advice.

Accordingly subject to their written refusal to act as "trustees" of the 'Yanuca trust', in exercise of the Court's discretion pursuant to Section 73(1) of the Trustees Act (Cap. 65) I hereby appoint the following persons to be members of the 'board of trustees' of the 'Yanuca trust', namely:

(1) Ratu Kinijoji Nainovo Vosailagi to be chairman of the board; and

(2) Ratu Meli Malani; and

(3) Mr. Sekove Nagiolevu to be board members.

Further and in order to ensure a smooth transition of the assets and the management of the 'Yanuca trust' I make a "vesting order" pursuant to Section 74(2)(a) of the Trustees Act (Cap. 65) in favour of the aforementioned 'board of trustees' with liberty reserved to the parties to apply generally for any further consequential orders.

(D.V. Fatiaki)
JUDGE

At Suva,
12th March, 1993.

HBC0569J.91S