Karan v Prasad [2026] FJHC 146; HBC51.2026 (18 March 2026)

IN THE HIGH COURT OF FIJI AT SUVA
CIVIL JURISDICTION

CIVIL CASE NO: HBC 51 OF 2026

IN THE MATTER of the Land Transfer Act 1971 Section 169 of Part XXXIV

BETWEEN:
ASHNEIL BOBBY KARAN of Nayala Subdivision
Nausori in Fiji, Civil Servant.
PLAINTIFF
A N D:
RONEEL NITESH PRASAD of Lot 1 Lakena Hill
No. 2, Nausori in Fiji. Labourer.
DEFENDANT

Counsel: Plaintiff In Person
Date of Hearing: 11^th March 2026
Date of Judgment: 18^th March 2026

JUDGMENT

1. The Plaintiff issued this Originating Summons pursuant to Section 169 of the Land Transfer Act, seeking an order that the Defendant give up immediate vacant possession of the land comprised in Certificate of Title No CL 18475 (part of), land known as Lakena/Manoca - Part of, containing an area of 363m² in the District of Nausori, in the Island of Viti Levu, being Lot 1, Plan No SO 5872.
   
2. Upon being served with the Summons, the Defendant did not appear in Court. Accordingly, the matter proceeded to the hearing in the Defendant's absence.
   
3. The Originating Summons is accompanied by an affidavit from the Plaintiff outlining the factual background of this application.
   
4. Having considered the Plaintiff's affidavit, I am satisfied that he is the registered proprietor of the land comprised in Certificate of Title No CL 18475 (part of), land known as Lakena/ Manoca - Part of, containing an area of 363m² in the District of Nausori, in the Island of Viti Levu, being Lot 1, Plan No SO 5872, and that the Defendant is occupying the said land without the permission, licence or any agreement with the Plaintiff.
   
5. I accordingly make the following orders.
   
   1. The Defendant is to give immediate vacant possession of the land comprised in Certificate of Title No CL 18475 (part of), land known as Lakena/Manoca - Part of, containing an area of 363m² in the District of Nausori, in the Island of Viti Levu, being Lot 1, Plan No SO 5872, to the Plaintiff.
      
   2. The Defendant is to pay the Plaintiff the summarily assessed cost of $500.
      

...................................................

Hon. Mr. Justice R. D. R. T. Rajasinghe

At Suva
18^th March 2026

Solicitors:
Plaintiff In Person.