Court Order Fraud Pair To Pay Farmer $488,000

The Civil High Court of Lautoka ordered a duo to pay the sum of $488,000 to a farmer for obtaining his land by fraudulent activities.

Caroline Barbara Naivaluwaqa and Kalo Radinimatuku will have to pay the sum to Maikeli Nakia Junior.

It was found that the pair took advantage of Nakia’s literate inabilities.

Naivaluwaqa and Radinimatuku, trading as Pearl Investments Pacific were sued on the following:

• A declaration that the transaction between the plaintiff and the defendants in respect to the State land without Title comprised in LD Ref 4/7/2338 known as Lot 1 LDSW 462 PT, of Lomolomo, Kubunasarava & Togoloa Tiri be declared null and void due to fraud on the part of Naivaluwaqa and Radinimatuku;
• An order that the Naivaluwaqa and Radinimatuku and the Registrar of Titles revert the State Land without Title comprised in LD Ref 4/7/2338 known as Lot 1 LDSW 462 PT, of Lomolomo, Kubunasarava & Togoloa Tiri to the plaintiff;
• An order that the Police officers and the officers of the Fiji Independent Commission Against Corruption investigate as to how the State Land without Title comprised in LD Ref 4/7/2338 known as Lot 1 LDSW 462 PT, of Lomolomo, Kubunasarava & Togoloa Tiri was transferred to the defendants within 3 months;
• General damages for fraud and breach;
• Interest on general damages;
• Cost of this action on Solicitor/Client indemnity basis;
• Any other relief that the court may deem fit.

Orders of the court:

• Naivaluwaqa and Radinimatuku shall pay a sum of $488,000 to Mr Nakia.
• Naivaluwaqa and Radinimatuku shall also pay interest on the judgment sum at the rate of 4 per cent per annum from the date of writ of summons (23 March 2018) to the date of this judgment (11 December 2020).
• Naivaluwaqa and Radinimatuku shall also pay summarily assessed costs of $3000 to Mr Nakia. Edited by Ranoba Baoa

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