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Vikoso v Varasikete [2022] FJHC 420; HBC186.2022 (14 July 2022)

IN THE HIGH COURT OF FIJI
(WESTERN DIVISION) AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC 186 OF 2022

BETWEEN: VILIAME VIKOSO of Namotomoto Village, Nadi, Turaga in Yavusa Tukani representing Yavusa Tukani and its members, NEMANI DAWAI of Namotomoto Village of Yavusa Botiluvuka representing Yavusa Botiluvuka and its members, EPELI SAUKURU II of Navoci Village, Nadi, Turaga ni Yavusa Noi Naoiqoro representing Yavusa Noi Noiqoro and its members, collectively as representatives of the members of Vanua o Nakovacake

PLAINTIFF/ APPLICANTS

AND: MOSESE VARASIKETE of Tokatoka Vunasowaqa, NAPOLIONI VATUNITU of Tokatoka Nasoso, ISIRELI MASI of Tokatoka Naviqwa, REAMA ULUINADI aka REAMA ULUINADI SAMUSAMUVODRE of Tokatoka Vuniyawa, SAILASA VUADOMO of Tokatoka Natogo, VERENAISI VIKOSO of Tokatoka Naboumoli, TAINA SAMOCE aka TAINA NADAITOGA of Tokatoka Yavulo, NAVITALAI BALEIWAI of Tokatoka Vunatoutou, JOELI VATUNITU of Tokatoka Natuatamata, TOMASI NAULUMATUA DAWAI of Tokatoka Natatoka, MESAKE TURUVA of Tokatoka Nasava, WAISAKE LABALABA SAUKURU of Tokatoka Vunamasei, ESETA KURULO of tokatoka Vunaivitabasevu, and AKANISI CAGINITOBA of Tokatoka Nasakubu, all former Trustees of NAKOVACAKE DEVELOPMENT TRUST of Trust of Yavusa’s Tukani, Nonaiqoroand Botiluvuka of Namotomoto and Navoci Villages, Nadi.

1^ST DEFENDANT/ 1^ST RESPONDENT

AND: ANARE NAIVUTEVUTE of Navoci Village, ILIESA SAMUSAMUVODRE of Namotomoto Village, SAINATE MELI DAWAI of Navoci Village as former co-opted Trustees of the Nakovacake Development Trust.

2^ND DEFENDANT/ 2^ND RESPONDENTS

AND: NAKOVACAKE DEVELOPMENT TRUST

NOMINAL PARTY

APPEARANCES : Mr. Vakacakau for the Plaintiffs

Ms. J. Naidu for the 1^st Defendants

DATE OF HEARING : 14^th July, 2022

DATE OF DECISION : 14^th July, 2022

JUDGMENT
(On Terms of Settlement)

1. This action was commenced by the Plaintiffs on 29^th June 2022, by filing the Ex-Parte Notice of Motion, Originating Summons and the Affidavit in Support sworn on 28^th June 2022 by VILIAME VIKOSO, together with documents annexed as “V V-1” to “V V-11”.
   
2. The Ex-Parte Notice of Motion being supported before me on the same day by the learned Counsel for the Plaintiffs, this Court granted, among other reliefs, restraining orders as per my sealed Order dated 29^th June 2022.
   
3. Subsequently, on 06^th July 2022, the First and Second Defendant- Respondents, and the Plaintiffs, who appeared through their respective Solicitors, having agreed to resolve the whole issue through mutual discussion, today on 15^th July 2022, have tendered the terms of settlement signed by the Solicitors for both the parties.
   
4. I, have carefully read the contents of the Terms of Settlement and satisfied that the parties have agreed to resolve the whole dispute as per the terms therein , which are enumerated bellow.
   
5. Accordingly, I enter judgment as per the terms of Settlement and order the parties to abide by same. This Judgment shall be sealed and issued.
   
   • (1) The Tokatoka meetings for the election of the 14 Tokatoka reprsentatives to be appointed as Trustees of Nakovacake Development Trust (NDT) shall be convened form 21^st July, 2022 to 27^th July, 2022.
     
   • (2) The Special General Meeting (SGM), for NDT shall be convened on Saturday 30^th July, 2022 at 10.00am at Navoci Village Hall. The Agenda for the SGM shall be limited to the following:
     
     1. Election of NDT Chairman and Deputy Chairman; and
     2. Endorsement of Tokatoka Trustees appointed by their respective Tokatoka.
        
   • (3) The Toko Tui Nadi (the Roko) shall be the Chairman of both the SGM and Tokatoka meetings.
     
   • (4) The solicitors for both the parties herein shall approve a letter to be caused to the Roko on 14^th July, 2022 briefing him on the Tokotoka elections and SGM.
     
   • (5) Notices for the SGM and Tokatoka Meetings shall be drafted and approved by both parties’ solicitors and signed by Roko.
     
   • (6) Notices for the SGM and Tokatoka Meetings shall be published on the daily newspaper by Friday 15^th July, 2022.
     
   • (7) The Community Police to facilitate Tokatoka meetings with the Roko.
     
   • (8) Without admission of liability by any of the parties, the injunctive order shall continue until the SGM, and shall be automatically discharged once the Tokatoka appointed Trustees have been duly endorsed during the SGM.
     
   • (9) By consent this Terms of Settlement shall be entered as Orders of Court with no order as to costs.
     
   • (10) This Terms of Settlement concludes the whole proceedings herein.
     

A.M. Mohammed Mackie
Judge

At High Court Lautoka on this 14^th day of July, 2022

SOLICITORS:
For the Plaintiff: Falcon Chambers
For the Defendant: AK Lawyers