The Suva High Court has ordered Pacific Polytechnic Limited to vacate a property in Samabula East following a successful application by the trustees of the Sanatan Dharm Pratinidhi Sabha of Fiji.

In a ruling delivered late last month, Justice Usaia Ratuvili granted the plaintiffs immediate vacant possession of the property.

However, the court suspended the eviction order for one month to allow the defendant time to vacate the premises.

The trustees argued that Pacific Polytechnic had continued occupying the property despite the termination of a tenancy agreement.

The agreement, entered into in May 2022, required a 90-day notice for termination. The court heard that notice had been issued in February 2023, giving the defendant more than sufficient time to vacate.

Pacific Polytechnic opposed the application, arguing that the matter involved disputed facts and legal issues unsuitable for summary proceedings.

The institution also claimed it had continued paying rent and had a legitimate expectation of a longer-term lease, citing its role as an educational provider.

However, Justice Ratuvili found that the plaintiffs, as registered proprietors of the land, were entitled to possession.

The court ruled that the tenancy agreement had been effectively terminated and that the defendant no longer had a legal right to remain on the property.

The judge noted that while the defendant may pursue other legal avenues for compensation or damages, this did not justify continued occupation of the land.

The court also addressed procedural objections raised by the defendant, including claims of short service of court documents.

While acknowledging that there had been short service, Justice Ratuvili ruled that any potential prejudice was outweighed by the need to resolve the matter.

In addition to granting possession, the court ordered the plaintiffs to return all rental payments made by the defendant since May 2024, when the legal action commenced.
Pacific Polytechnic was also ordered to pay $1,000 in legal costs.

Justice Ratuvili acknowledged delays in delivering the ruling, noting the matter had been pending for approximately 15 months.