[2007] FJHC 147; HBC 315J.2003S (18 May 2007)
Mataitoga v Native Land Trust Board [2007] FJHC 147; HBC 315J.2003S (18 May 2007) IN THE HIGH COURT OF FIJI AT SUVA CIVIL JURISDICTION CIVIL ACTION NO. HBC 315J OF 2003S BETWEEN: BULOU VILISI MATAITOGA of Lot 6 Ivitavaya Road, Laucala Beach Estate, Civil Servant. (1ST PLAINTIFF) BULOU ELENOA QALOMAIWASA of Lot 23 Kinova Road, Kinoya, Domestic Duties. (2ND PLAINTIFF) BULOU AMALAINI QALOMAIWASA of Lot 94 Waila Housing, Nausori, Civil Servant. (3RD PLAINTIFF) BULOU OLIVIA MATANISIGA of Vuda, Veiseisei, Receptionist, Tanoa Hotel, Nadi. (4TH PLAINTIFF) BULOU SULUETI MATAI of Waisalima, Nakasaleka, Kadavu, Domestic Duties. (5TH PLAINTIFF) BULOU ALISI VAVAILAGI of Vuci Road, Nausori, Domestic Duties. (6TH PLAINTIFF) AND: NATIVE LAND TRUST BOARD a statutory body that is established under the Native Land Trust Act Cap. 134 (1ST DEFENDANT) NUKUBALAVU BEACH ESTATES LIMITED a locally registered company. That deals with the subdivision and Sale of Land (2ND DEFENDANT) Counsel for the Plaintiffs: T. Fa: Tevita Fa & Assoc. Counsel for the 1st Defendant: P. Dalituicama: NLTB Legal Division Counsel for the 2nd Defendant: P. Knight: Cromptons Date of Judgment: 18 May, 2007 Time of Judgment: 9.30 a. m. JUDGMENT The Plaintiff are six (6) sisters in all and daughters of Ratu Inoke Qalomaiwasa No.1, Turaga ni Yavusa and Mataqali Lomanikoro, of Nakasaleka in Kadavu. Ratu Inoke Qalomaiwasa since deceased was the agnate descendant of Ratu Napolioni Qaranivalu, the owner of an area of native land of 214 acres Known as Waisalima, being Lot 53 on Native Land Commission Sheet reference No: P/13-3. The whole area, according to the Native Lands Commission ("NLC"), was reserved to the owners at the Reserve Commission sitting at Nakasaleka in 1961.
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