Khan v Sitala (Poi) [2026] FJHC 92; HBC411.2025 (4 March 2026)

IN THE HIGH COURT OF FIJI AT SUVA
CIVIL JURISDICTION

CIVIL CASE NO: HBC 411 OF 2025

IN THE MATTER of Section 169, of the Land Transfer Act, Cap. 131

BETWEEN:
RUKSHANA BIBI KHAN of Baulevu,
Nausori, Businesswoman
PLAINTIFF

A N D:
JOHN SITALA (POI) of Baulevu,
Nausori, Unemployed.
DEFENDANT

Counsel: Mr. R. Nand for the Plaintiff

Date of Hearing: 18^th February 2026
Date of Judgment: 04 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 the Plaintiff vacant possession of the property comprised and described in Crown Lease No 14908, being Lots 1 and 2 on R2073, situated in the Province of Naitasiri and District of Naitasiri.
   
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 setting out the factual background of this application.
   
4. Having considered the Plaintiff's affidavit, I am satisfied that she is the registered proprietor of the land comprised and described in Crown Lease No 14908, comprising Lots 1 and 2 on R2073, situated in the Province of Naitasiri and the District of Naitasiri, and that the Defendant is occupying it without any right to possess it.
   
5. I accordingly make the following orders:
   
   1. The Defendant is to give the Plaintiff immediate vacant possession of the land comprised and described in Crown Lease No 14908, being Lots 1 and 2 on R2073, situated in the Province of Naitasiri and the District of Naitasiri,
      
   2. The Defendant is to pay the Plaintiff the summarily assessed costs of $500.
      

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

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

At Suva
04^th March 2026

Solicitors:
Oxford Chambers for Plaintiff.