Tui Nadi Title Case Moves Forward

After eight years of legal battles, the fight for a judicial review of the Tui Nadi title has finally made progress.

The High Court in Lautoka has granted the process, bringing hope to those involved in the long-standing case.

This ruling could set an important precedent for similar cases in the future.

The application for a judicial review of the Tui Nadi title, initiated by Ratu Asiveni Dawai on behalf of his late uncle, Ratu Kaliova Dawai, was granted by Justice Mohammed Mackie on Tuesday.

The ruling allows the case to proceed, offering a chance for the title dispute to be examined in court.

All parties were present for the judgment.

In this application, Ratu Asiveni challenged the decision made by the iTaukei Lands Appeals Tribunal (ILAT) and the iTaukei Lands and Fisheries Commission (ILFC) on December 5, 2017 in appointing Ratu Vuniani Navuniuci as Tui Nadi.

Plaintiff lawyer’s, Isireli Fa sought court orders:

•  To have the decision of December 5, 2017 removed;
•  The declaration that the decision was null and void, unreasonable in the Wednesbury sense (refers to a specific standard of unreasonableness used in judicial review, meaning a decision is only considered unreasonable if it’s so illogical or unreasonable that no reasonable person could have made it) and as such the decision is unlawful;
•  A declaration that the ILAT acted in bad faith and in a manner which was unfair to the applicant by proceeding to hear and upholding the decision of the ILFC that the Ratu Asiveni is the holder of the title of Tui Nadi;
•  A declaration they disobeyed lawful court orders on May 12, 2005 not to undertake a Commission of Inquiry;
•  A declaration that the ILAT’s declaration of Ratu Vuniani as the rightful holder of the title of Tui Nadi is irregular, void and of no effect;
•  An order for damages and costs; and
•  Such further declaration and other reliefs as to the court may seem just.

In his ruling, Justice Mackie determined that the grounds for the judicial review had merit.

He said that the respondents had failed to comply with the consent judgment granted on January 24, 2007, which had given both parties the opportunity to resolve the issue.

Instead, they did not comply with the orders and proceeded to appoint Ratu Vuniani as Tui Nadi.

This decision allows the legal proceedings to move forward, offering a chance for the long-standing Tui Nadi title dispute to be addressed in court.

The court ruled that the consent judgment still stands, and due to non-compliance, a judicial review will be conducted to address the issue.

Additionally, all respondents have been ordered to pay the applicant $2500 each for court costs.