Evicted Residents of Tamavua-i-Wai File for a Stay Order
The court heard that so far 12 houses were dismantled since December 2019 and more than 20 houses were still on the site.
Astay order application has been filed in the High Court to stop the demolition of more than 20 houses in Tamavua-i-Wai, Suva.
Earlier the Australasian Conference Association Limited on behalf of the Seventh-Day Adventist Church in Fiji (the plaintiff) got a court order to evict the residents of Tamavua-i-Wai settlement (the defendants).
The new matter was called before Civil High Court Judge Justice Deepthi Amaratunga on Wednesday.
The defendants have filed a motion in court to stay the execution of the writ of possession order to evict them out of Tamavua-i-Wai settlement.
Defendant’s counsel Nemani Tuifagalele told the court that the motion was filed along with the affidavit in support for the stay on the order.
Plaintiff’s counsel Mareta Tikoisuva told the court that the plaintiff was opposing the motion and requested time to file the affidavit in opposition.
She said the writ of possession has been executed and that there was an application before the Court of Appeal for leave to appeal out of time.
Mr Tuifagalele confirmed to the court that the defendants had filed an application for leave to appeal out of time and in this matter, they sought for a stay order on the execution.
The court heard that so far 12 houses were dismantled since December 2019 and more than 20 houses were still on the site.
The owners are worried that they could also be demolished if there was no stay order.
Justice Amaratunga ordered the plaintiff to file and serve their response within seven days.
He ordered the defendants to file and serve the reply within seven days thereafter.
The matter has been adjourned for hearing on February 28. Edited by Percy Kean