New Hebredean Community v Raumaitau [2022] FJHC 402; HBC86.2021 (25 March 2022)

IN THE HIGH COURT OF FIJI
AT SUVA
CIVIL JURISDICTION
CIVIL ACTION NO.: HBC 86 of 2021

BETWEEN : NEW HEBREDEAN COMMUNITY
PLAINTIFF

AND : JOESVA RAUMAITAU aka JOE TARIA

FIRST DEFENDANT

: VANI TARI aka VANI DIMATE

SECOND DEFENDANT

: SAIMONI DOBUI

THIRD DEFENDANT

: LOSIO BOLEYASI WAQANIVALU

FOURTH DEFENDANT

: ETUENI QUILELE CAUCAU

FIFTH DEFENDANT

: ASESELA BIUTIVITI

SIXTH DEFENDANT

: SERESIO NAIKASAU

SEVENTH DEFENDANT

: WILLIAM ROBERT

EIGHTH DEFENDANT

: MARIKA TUNIDAU

NINETH DEFENDANT

: MASTER. PENI TAQUWA TAWAI aka

PAULA KALOUKOCEI

TENTH DEFENDANT

: MACIUSELA RAILUMU

ELEVENTH DEFENDANT

: KOROVOU SETTLEMENT TRUST

TWELFTH DEFENDANT

: THE DIRECTOR OF LANDS

THIRTEENTH DEFENDANT

: ITAUKEI LANDS TRUST BOARD

FOURTEENTH DEFENDANT

: THE REGISTRAR OF TITLES

FIFTEENTH DEFENDANT

APPEARANCES/REPRESENTATION
PLAINTIFF : Mr. S. Raikanikoda [Raikanikoda & Associates]

FIRST DEFENDANT : In Person

SECOND DEFENDANT : Not Present

THIRD DEFENDANT : Withdrawn

FOURTH DEFENDANT : Not Present

FIFTH, SIXTH & SEVENTH
DEFENDANTS : Withdrawn

EIGHTH DEFENDANT : Matter Discontinued

NINTH DEFENDANT : Matter Discontinued

TENTH DEFENDANT : Not Present

ELEVENTH DEFENDANT : Not Present

TWELFTH DEFENDANT : Mr K Prasad [Legal Aid Commission]

THIRTEENTH & [Matter Discontinued]
FOURTEENTH DEFENDANT : Ms M Faktaufoon [Attorney-General’s Chambers]

FIFTEENTH DEFENDANT : Matter Discontinued

RULING BY : Acting Master Ms Vandhana Lal

DELIVERED ON : 25 March 2022

RULING

1. The Plaintiff named as “New Hebredean Community” initiated proceedings pursuant to Order 113 of the High Court Rules.
   
2. One of the Defendants namely the 12^th Defendant is named as “Korovou Settlement Trust”.
   
3. I had raised issue on whether the Plaintiff and the 12^th Defendant were named correctly that is whether the community can bring proceedings under its name and the Settlement Trust can be named as a party.
   
4. The “Korovou Settlement Trust” is registered with Registrar of Titles and there are 6 trustees appointed at a special general meeting held on 20^th November, 2016. These trustees are said to hold office for 05 years.
   
5. The said trust was created to obtain a Native Lease on Lot 27 by the Yavusa Totogo of Draiba with beneficiaries to be the inhabitants of Korovou Settlement holding lease interest with Mataqali Totogo, their heirs and successors domicile in the settlement.
6. Pursuant to Section 8 of the Charitable Trusts Act board of trustees incorporated can sue or be sued in all proceedings civil or criminal.
   
7. Hence the Plaintiff, had to conduct the latest search for the trustees of the settlement and bring the proceeding against them as trustee for the Korovou Settlement Trust.
   
8. Similarly, the New Hebredean Community had to bring proceeding via its registered trustees.
   
9. Alternatively Order 15 Rules 14(1) and Rule 15 would apply respectively for the Plaintiff and the 12^th Defendant;
   • - The Plaintiff can appoint one representative under whose name the action can proceed as representative of all [Order 15 Rule 14(1)];
   • - One or more persons are appointed to represent the members of the trust of there are no new trustees appointed and registered [Order 15 Rule 15].
     

Orders

10. Hence the Plaintiff is directed to amend its Originating Summons to reflect the above.
    
11. An amended originating summons is to be filed amending the names of the Plaintiff and 12^th Defendant and removing the Defendants against whom the plaintiff has discontinued or withdrawn the matter.
    
12. Amended originating summons to be served on parties against whom the action is still on foot and as per the rules.

.........................
Vandhana Lal [Ms]
Acting Master
At Suva.
TO:

1. Suva High Court Civil File No. HBC 86 of 2021;
2. Raikanikoda & Associates, Solicitors for the Plaintiff;
3. Legal Aid Commission, Solicitors for the Twelfth Defendant.