In re Nabouwalu Road Upgrading Project [1997] FJHC 7; Hbc0140.97s (17 January 1997)

Fiji Islands - In re Nabouwalu Road Upgrading Project - Pacific Law Materials

IN THE HIGH COURT OF FIJI

AT SUVA

CIVIL JURISDICTION

CIVIL ACTION NO. 14 OF 1997

IN THE MATTER of section 5 of the Native Land Trust Act, Cap. 134

IN THE MATTER of a Dispute between the Fiji Government and the Native Landowners affected by the Nabouwalu Road Upgrading Project from Naravuka to Dreketi.

AND IN THE MATTER of an Application for Injunctive Relief against the Landowners and/or their Agents.

Court: PaJ.

ORDER

Upon hearing counsel for the Applicant Mr. Graham Leong and Upon Reading the Motion and Affidavit filed herein in support of the Motion I am satisfied that this application is a matter of great urgency.

The roadblocks have halted the progress of the Road Project resulting in great financial loss to Government and to contractors. I consider that there should be an immediate halt to the activities of all concerned or involved in the roadblocks.

This matter should actually be sorted out either between the parties or if this is not possible to have the issue determined in Court but in the meantime there should not be any interference of any kind with road construction.

Interim injunction is granted as in the ex parte Motion. The question of costs is reserved.

The interim injunction is granted until 24.1.97 to be called at Labasa High Court when I am in Labasa next week.

The Motion is returnable for 22.1.97 at 11.00 a.m. at Labasa High Court.

All papers to be served on the Respondents.

It is further ordered that the gist of this order be published and broadcast respectively in both English and Fijian language newspapers and on national radio as appropriate.

It is also ordered that the applicant file and serve Writ of Summons herein within 30 days.

Because of the urgency and because there is no Judge in Labasa, the action was issued at Suva High Court. It is now Ordered to be transferred to Labasa.

D. Pathik
Judge

10.30 a.m.
At Suva
17 January 1997

Hbc0140.97s