Sigatoka family wins $160K in land fraud case

A Sigatoka resident, the original lessee of the land where Lawaqa Park is built, was awarded $160,000 after winning a case against the Sigatoka Town Council (STC), Fiji Sports Council (FSC), and the iTaukei Land Trust Board (TLTB).

The case involved the fraudulent transfer of her residential plot. The order was issued by Civil High Court Judge Justice Vishwa Dutt at the High Court in Suva.

Callamma Naidu, wife of the late Venkat Naidu, took the three defendants and the Registrar of Titles to court, claiming that the residential plot, seven acres and 16 perches was fraudulently transferred for the development of Lawaqa Park.

In court, the plaintiff argued that the land was sold to the council for $22,150 in April 1984, on the condition that a development lease would be obtained from the TLTB and that seven acres would be reserved for residential use.

However, the agreement was breached when the council, after obtaining a recreational lease, transferred the entire parcel, including the residential plot, to the FSC.

The civil matter came to light when the FSC attempted to evict the Naidu family from the land. The High Court ruled in favour of the family, confirming their entitlement to the residential plot.

After reviewing the evidence, the court found that the three defendants had fraudulently transferred the residential land, breaching the contract between the plaintiff and the STC.

The court noted that, given the FSC had developed the park over a long period, they should have been aware of the residential plot and questioned the family's presence there.

The court ordered that the residential land be returned to the plaintiff and dismissed the FSC’s counterclaim. It also ordered the defendants to refrain from interfering with the plaintiff’s land and awarded $40,000 in damages for fraud.

Additionally, the STC and FSC were ordered to pay $50,000 for emotional stress, embarrassment, inconvenience, and harassment. This amount is to be paid with interest at a fixed rate of five per cent per annum until full payment is made.

The STC was further ordered to pay $55,000 for breach of contract and $15,000 on an indemnity basis, to be paid within 28 days. 
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