Maharaj v Jai Chand

Subject Matter

ESTOPPEL — Conduct, by — Equitable — Plaintiff building house on native land — False statement concerning marriage to obtain lease — Defendant believing house to be permanent home for her and children — Plaintiff leaving and allowing defendant to remain indefinitely — Whether plaintiff estopped from denying defendant's right “dealing” with land — Native Land Trust Act (Laws of Fiji, 1978 rev, c 134), s 12(1)

[1986] AC 898; [1986] 3 WLR 440

FIJI — Native land — Unlawful “dealing” with — Plaintiff obtaining lease of native land by falsely stating plaintiff married to defendant — Defendant believing house to be permanent home for her and children — Plaintiff leaving and allowing defendant to remain indefinitely — Plaintiff claiming possession — Whether estopped from denying defendant's right to reside permanently in house — Whether defendant's right dealing with land — Native Land Trust Act, s 12(1)

[1986] AC 898; [1986] 3 WLR 440