Ravutubananitu v Drelo [2011] FJHC 175; HBC20.2011 (18 March 2011)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

Civil Action No. HBC 20 OF 2011

BETWEEN :

SEREMAIA RAVUTUBANANITU
of Tagitaginatua, Tavua,Self-Employed by his Attorney SAKIASI ROGANIVATU of Tagitaginatua, Tavua, Farmer.
Plaintiff

AND :

ESAVA DRELO & VAKERE DRELO
both of Tagitagi,Tavua.
Defendants

Before : Master Anare Tuilevuka
Solicitors : Nawaikula Esquire for the Plaintiffs
No Appearance by the Defendants

Date of Hearing : 18th March 2011
Date of Ruling : 18th March 2011

RULING

[1]. Before me is an application under section 169 of the Land Transfer Act (Cap 131) by Sakiasi Roganivatu ("Sakiasi") as lawful attorney of Seremaia Ravutubananitu ("Seremaia")seeking an order that the defendants do show cause why an order for immediate vacant possession of the property situated at Tagitaginatua, Tavua comprised in Native Lease No. 3787 and described as Lot 24 Tagitaginatua S/D in the district of Tavua on the Province of Ba of which the plaintiff is the registered proprietor should not be made against them.

[2]. Power of Attorney No. 46999 is annexed to Sakiasi's affidavit confirming his status as lawful attorney.

[3]. Seremaia is the last registered proprietor of the land in question. A copy of NL 23767 is annexed to his affidavit confirming this.

[4]. The defendants have been occupying the land for some time. It is not clear from the affidavits if they were paying rent or if they are still paying rent.

[5]. Sakiasi's affidavit deposes that an Eviction Notice was issued by Seremaia's former lawyers, Chandra Singh & Associates on 16th September, 2009 and served on the defendants on the same day.

[6]. Since then, the plaintiff has been verbally telling the defendants to vacate the land but to no avail.

[7]. I notice that the lease in question is an ALTA lease. The Notice to Quit does not say whether it was issued pursuant to section 37(1) of ALTA or whether it was issued pursuant to section 169 of the Land Transfer Act (Cap 131). I shall not delve into this now.

[8]. I also have some misgivings about whether or not the Notice to Quit is still valid to support a Summons for Ejectment under section 169 filed two years later. But that is for another day.

[9]. I also do not know how the defendants came to be occupying the land in question and on what terms and conditions – if any.

[10]. For now – all I can do is focus on the fact that the defendants have been served a Notice to Quit and a Summons for Ejectment but have not turned up in Court to defend the summons.

[11]. I therefore grant order in terms of the Summons and order that the defendants do give up immediate vacant possession of the property situated at Tagitaginatua, Tavua comprised in Native Lease No. 3787 and described as Lot 24 Tagitaginatua S/D in the district of Tavua on the Province of Ba within 28 days from the date of this ruling with costs to the plaintiff which I summarily assess at $400-00 (four hundred dollars)

Anare Tuilevuka
Master

At Lautoka
18th of March 2011