Question 1

Read the case of Kento (Fiji) Ltd v Naobeka Investment Ltd [2017] FJHC 671; HBC100.2012 (12 September 2017) - You can find it in www.paclii.org . Answer the following questions: 1. What is the case about? (Factual Background) 2. What were the issues before the Court? (Questions of law that the Court needed to address) 3. List down important discussions of law on the issue of illegality of contract that the Court looked at. 4. What was the outcome of the case? 5. Do you agree/disagree with the decision? Question 2 Speedy Gonzalez, an American citizen visited Fiji for holidays prior to COVID19 restrictions and stayed in one of the remote islands. He fell in love with the beautiful beaches of Fiji and friendly smiles and decided that he wanted to purchase a home in Fiji. Speedy then goes and meets with a Real Estate agent who told him that there was a land available in Taveuni for purchase. The Real Estate agent then tells Speedy that he needed to deposit the sum of $20,000.00 to secure the property. Speedy then pays the sum to the Real Estate agent and the Sale and Purchase Agreement was then drawn up by the Real Estate agent, signed by the Vendors (Owners of Property) and then sent to Speedy where he then signs to accept the offer. Speedy then hears from friends that expatriates were not allowed to purchase land. In fact, the Land Sales Act prohibited non-residents of Fiji from purchasing the land without the written consent of the Minister of Land. Speedy has come to you for advice