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Wati v Registrar of Titles [2018] FJCA 52; ABU0006.2016 (1 June 2018)

IN THE COURT OF APPEAL, FIJI
ON APPEAL FROM THE HIGH COURT

Civil Appeal No. ABU 0006 of 2016
(High Court Civil Appeal No. HBC 129 of 2014)

BETWEEN

DAYA WATI
Appellant

AND

REGISTRAR OF TITLES
Respondent

Coram: Basnayake JA
Lecamwasam JA
Almeida Guneratne JA

Counsel: Mr. P. I. Knight for the Appellant (Applicant)
Ms. M. Motofaga for the Respondent

Date of Hearing: 21 May 2018

Date of Ruling: 01 June 2018

RULING

Background to the present application

[1] This matter came upon a motion filed by the Appellant subsequent to a judgment of the full court dated 14 September, 2017 wherein it had been ordered (by majority decision) in allowing the Appeal that the Respondent is advised and directed to issue a fresh certificate of title to the entirety of a particular land in question in the name of the Appellant.

[2] The material part of the said motion dated 12 April, 2018 the Appellant had states thus:

“In her appeal, the Appellant sought an order that the Respondent issue a vesting order in favour of the Appellant relating to a four fifths undivided share in Certificate of Title 33461. ....................................................................................................................................................When we attempted to have the Registrar of Titles register the vesting order in respect of afour fifth share in CT 33461, she told us that she could not do this because of the order of the Court that she issue a new title to the entirety of the land in question in the name of theAppellant.”

[3] For the said reasons, learned counsel for the Appellant sought a correction of the order made by the Court by substituting for the order that “The Respondent is advised and directed to issue a fresh Certificate of Title to the entirety of the land in question in the name of the Appellant, the following order:

“The Respondent register a vesting order in the name of the Appellant in respect of a four fifths undivided share in Certificate of Title 33461”.

[4] Counsel submitted that, that will enable the Appellant to have the vesting order registered, as sought in the Appeal.

[5] Having regard to the provisions of Section 78, 87 to 89 of the Land Transfer Act (Cap131) we saw merit in the said motion of 12 April 2018.

[6] Ms Motofaga, (Counsel for the Respondent) had no objection to the application.

[7] Accordingly, this court proceeds to correct the said orders made in its judgment of 14 September, 2017 to read as follows:

“1. The appeal is allowed and the judgment of the High Court dated 16 December, 2015 is set aside.

2. The Respondent is advised and directed to issue a vesting order in the name of the Appellant in respect of a four fifths undivided share in Certificate of Title 33461.
   
3. There shall be no order for costs.”
   

Orders of Court

1. The Motion/Application dated 12 April, 2018 of the Appellant is allowed.
   
2. No order for costs.
   

Hon. Justice E.Basnayake

JUSTICE OF APPEAL

Hon. Justice S. Lecamwasam

JUSTICE OF APPEAL

Hon. Justice Almeida Guneratne

JUSTICE OF APPEAL