Stay granted in Tui Nadi chiefly title dispute

The High Court in Lautoka has suspended enforcement of its March 18, 2025 ruling in the long-running Tui Nadi chiefly title dispute pending an appeal.

Justice Mohammed Mackie granted applications for a stay of execution filed by the respondents, meaning the March judgment remains valid but cannot be enforced until the appeal is determined.

The case involves applicant Ratu Asiveni Dawai and respondents the Attorney-General, the iTaukei Land Commission, the iTaukei Tribunal and Ratu Vuniyani Navuniuci.

In its March judgment, the court found the authorities had failed to comply with a 2007 consent judgment that set out procedures for determining the Tui Nadi title.

The court ruled that the failure invalidated the appointment of Ratu Vuniyani Navuniuci as Tui Nadi.

The court quashed the disputed appointment, ordered compliance with the 2007 consent judgment and awarded $7500 in costs to Ratu Asiveni.

In the latest ruling, Justice Mackie:

• Granted the stay of execution.
• Suspended enforcement of the March 18, 2025 judgment pending appeal.
• Discontinued the interim injunction issued on August 22, 2025.
• Dismissed the related injunction application.
• Ordered each party to bear its own legal costs.

The judge also recorded appearances by counsel Babu Singh for Ratu Vuniyani Navuniuci and Sandiya for Ratu Asiveni Dawai.

The interim injunction preventing the appointment of Ratu Asiveni was discharged because the stay of execution removed the need for it.

The dispute over the Tui Nadi title has continued for almost 30 years, involving competing claims by two chiefly families.

Earlier court rulings in 2000 and 2007 criticised the then Native Lands and Fisheries Commission for procedural unfairness and failing to follow proper processes.

A 2007 consent judgment established procedures for future determinations, but the High Court found these were not properly implemented.

The March 18 judgment remains legally in force but cannot be enforced while the appeal is before the courts.