| Case ID |
1617b47b-ef44-4524-9885-44686d18608c |
| Body |
View case body. Login to View |
| Case Number |
Privy Council Appeal No. 30 of 1955 |
| Decision Date |
Mar 25, 1957 |
| Hearing Date |
Feb 17, 1954 |
| Decision |
The Privy Council dismissed the appeal, concluding that the provisions of the Native Land Trust Ordinance apply to the compensation money payable under the Crown Acquisition of Lands Ordinance. The court determined that the compensation for the compulsory acquisition of land should be directed to the Native Land Trust Board. The judgment clarified the interpretation of 'purchase money' in relation to 'sale or other disposition' of native land, establishing that it includes compensation from compulsory acquisitions. The court emphasized the importance of adhering to statutory regulations regarding native land and compensation distribution. |
| Summary |
In the landmark case of Privy Council Appeal No. 30 of 1955, the court addressed critical issues surrounding the compulsory acquisition of land in Fiji. The case involved Ratu Taito Nalukuya, who challenged the compensation awarded for the acquisition of native land by the Governor under the Crown Acquisition of Lands Ordinance. The ruling clarified the legal interpretation of terms such as 'sale' and 'purchase' within the context of compulsory acquisitions, establishing that such terms apply even in the absence of mutual assent. The court's decision underscored the need for proper compensation distribution according to the Native Land Trust Ordinance, ultimately directing that the compensation be paid to the Native Land Trust Board. This case is pivotal in understanding land acquisition laws in Fiji and the rights of native landholders. It serves as a reference point for future cases involving land compensation and native land rights. |
| Court |
Privy Council
|
| Entities Involved |
Tokatoka Nadrau,
Native Land Trust Board
|
| Judges |
LORD OAKSEY,
LORD TUCKER,
LORD SOMERVELL OF HARROW
|
| Lawyers |
D. Grant
|
| Petitioners |
RATU TAITO NALUKUYA,
Mr. L. M. D. de Silva
|
| Respondents |
THE DIRECTOR OF LANDS,
THE NATIVE LAND TRUST BOARD OF FIJI
|
| Citations |
1957 SLD 48,
1957 PLD 219
|
| Other Citations |
Kirkness v. John Hudson & Co., Ltd. 1955 A C 696
|
| Laws Involved |
Crown Acquisition of Lands Ordinance,
Native Land Trust Ordinance
|
| Sections |
3,
4,
11,
18,
2,
5,
6,
15
|