| Citation(s) |
|---|
| 1957 SLG 4057 = 1957 SLD 4057 = 1957 PLD 219 |
Privy Council
Appeal No. 30 of 1955, decided on 25th March 1957, from the Fiji Court of Appeal.
Presented By: Lords Oaksey, Tucker, Somervell of Harrow and Mr. L. M. D. de Silva
Phineas Quass, Q. C. and Y. C. Rellock for Appellant. Solicitors : Graham Page & Co. D. Grant for Appellant. Solicitors : Ghas Rasul & Co. Beenard B. Gillis, Q. C. and William Denny for Intervener. Solicitors : Hy. Sh. Polak & Co.
Appeal No. 30 of 1955, decided on 25th March 1957, from the Fiji Court of Appeal.
Presented By: Lords Oaksey, Tucker, Somervell of Harrow and Mr. L. M. D. de Silva
Phineas Quass, Q. C. and Y. C. Rellock for Appellant. Solicitors : Graham Page & Co. D. Grant for Appellant. Solicitors : Ghas Rasul & Co. Beenard B. Gillis, Q. C. and William Denny for Intervener. Solicitors : Hy. Sh. Polak & Co.
RATU TAITO NALUKUYA-Appellant
VERSUS
THE DIRECTOR OF LANDS and another-Respondents AND THE NATIVE LAND TRUST BOARD OF FIJI -------Intervener
Law:
Section:
Privy Council "Sale"-"Purchase"- Words applicable to transactions by which transfer of ownership in land takes place as a result' of compulsory acquisition-"Disposition". In the field of compulsory acquisition of land such words as "sale" and "purchase" are frequently used in connection with transactions by which the transfer of ownership in land takes place in the absence of the element of mutual assent. Kirkness v. John Hudson & Co., Ltd. 1955 A C 696 ref. Likewise, the words "other disposition" with reference to section 15, Native Land Trust Ordinance (Fiji) were held not to exclude a disposition which results from compulsory acquisition. Date of hearing : 25th February 1957. JUDGMENT LORD TUCKER.-----In the year 1944 the Governor of the Colony of Fiji acting through the first respondent, the Director of Lands, Compulsorily acquired some 434 acres of Land in Fiji from the Tokatoka Nadrau, a native land holding unit of which the appellant is the head, under the provisions of the Crown Acquisition of Lands Ordinance (Cap. 122 of the Laws of Fiji). In March 1953, the appellant issued an originating summons asking the Court to determine the amount of compensation payable in respect of this compulsory acquisition. The sum of 7,985 plus 3,393 1s. 6d. interest was subsequently agreed between the parties. On 7th July 1953, the appellant issued a summons for directions seeking the Court's approval of the compromise on behalf of his infant children and directions as to the application of their share of the said sum, and for an order that the shares of the appellant and of the other adult members of the Tokatoka Nadrau be paid to them respectively to be applied by them as they think fit. The summons was later amended at the instance of the Solicitor-General on behalf of the first respondent so as to pro-vide for an order for payment into Court of the total sum of 11,378 1 s. 6d. under section 18 of the Crown Acquisition of Lands Ordinance. The said sum was by consent subsequently paid into Court with the result that the Government was…