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I Taukei Land Trust Board v Charan [2016] FJHC 584; HBA7.2013 (2 June 2016)

In the High Court of Fiji
At Suva
Civil Jurisdiction Appeal No. HBA 7 of 2013

Between: I Taukei Land Trust Board

Appellant

And: Hari Charan & Martha Charan

Respondents

Appearances: MsQ. Vokanavanua for the appellant

Mr N Nawaikula with Ms L. Malani for the respondent

Written submissions of the respondent filed on 8^th March,2015

Judgment

1. The appellant has filed notice of appeal for the following orders;
   • (a) That the judgment of the Learned Referee of the Central Agricultural Tribunal. Ms Makereta Hiagi Mua in the Central Agricultural Tribunal at Suva dated 7^th May,2013, be set aside in its entirety;
   • (b) That the appellant’s application dated 6^th July, 2010 and filed before the Central Agricultural Tribunal be re-heard before the Central Agricultural Tribunal;
   • (c) That leave be granted to the Appellant to appeal out of time the decision of the Learned Referee of the Agricultural Tribunal, Mr Peni Dalituicama, delivered on the 4^th day of December, 2009 and dated the 16^thday of February, 2010;
   • (d) That the costs of the proceedings together with the costs in the High Court of Fiji be paid by the Respondents;
   • (e) And such further or other Orders as this Honourable Court deems fit just and expedient.

The notice of appeal sets out the grounds of appeal.

2. At the outset, Mr Nawaikula, counsel for the respondent took up a preliminary objectionas regards jurisdiction of this Court to hear an appeal from the Central Agricultural Tribunal.
3. On 2^nd March,2016, the parties were directed to file written submissions on the preliminary objection taken. The respondent to file its submissions on 16^th March,2016, and the appellant to file its submissions on 30^th March,2016. On 11^th April, 2016, Ms Q. Vokanavanua counsel for the appellant was granted further time to file written submissions, as requested.
   
4. Mr Nawaikula submits that there is no provision in the Agricultural Landlord and Tenant Act,(ALTA),(cap270) to appeal to the High Court from a decision of the Central Agricultural Tribunal.
   
5. Mr Nawaikula, in his written submissions has set out the scheme of the ALTA, as regards appeals. He draws my attention to section 61(1). This reads:

The proceedings, hearing, determination, award, certificates or orders of the central agricultural tribunal or of a tribunal shall not be called in question in any court of law nor shall any person appointed as the central agricultural tribunal or as a tribunal be used in respect of any act lawfully done or lawfully ordered to be done in the discharge of his duties under this Act.

6. The section I have reproduced deals with the supervisory jurisdiction of court.
   
7. I agree with Mr Nawaikula that the ALTA does not provide for an appeal to be filed the High Court from a decision of the Central Agricultural Tribunal.
   
8. Orders

I hold that:

1. The appeal of the appellant fails.
2. The appellant shall pay the respondent a sum of $ 750 as costs summarily assessed.
   

A.L.B. Brito-Mutunayagam

Judge

2^nd June, 2016