[Paclaw/header.html]

Fiji Islands - Tonga Law Reports - Digest & Index

TONGA LAW REPORTS

1974 – 1980

EDITORS:

Professor Don Paterson
Department of Law
University of the South Pacific

 Hon. Mr Justice Nigel Hampton
Chief Justice of Tonga

INDEX OF SUBJECT MATTER	PAGE
APPEAL
Decision on matters of fact – principles to be applied by appellate court     Tangitau v. Paunga	92
Decision on matters of fact – should be reversed and case remitted for re-hearing if court has wrongly refused to admit evidence     To’oa v. Velkuna	107
Decision as to award of damages – principles to be applied by appellate court     Tangitau v. Paunga	92
Stay of execution pending appeal in cases for possession of land should not be granted if appellant has other accommodation to move to and case has gone on for long time.     Pulu v. Bloomfield	105
CONTRACT
Contract Act does not prevent proceedings for conversion of assets of partnership created by oral agreement.     Tangitau v. Paunga	92
Oral agreement for occupation of land is contrary to s.13 Land Act and illegal, and will not be enforced by the courts     Fakatava and Fakatava v. Koloamatangi and Minister of Lands	16
Release of person from liability under contract must be supported by consideration unless it operates as promissory estoppel     Tangitau v. Paunga	92
CRIMINAL LAW
Drug offences – principles of sentencing     Anders v. Police Department	60
DEFAMATION
Fair comment – must be statement of opinion not of fact – facts on which comment is based must be indicated.     Kingdom of Tonga and Editor of the Chronicle v. Matacle Innuendo must be pleaded       Kingdom of Tonga and Editor of the Chronicle v. Mataele	34     34
DIVORCE
Damages for adultery – modest not punitive     Ualesi v. Tukutoa and Ngalu	83
Division of property upon divorce – principles to be applied     Ualesi v. Tukutoa and Ngalu	83
Proof of adultery – must be proved beyond reasonable doubt     Ualesi v. Tukutoa and Ngalu	83
ELECTION
Elections not to be held invalid unless not substantially in accordance with law     Afeaki v. Prime Minister and Salakielu	22
Election Appeal Committee established under Legislative Assembly Act does not have jurisdiction to deal with claims as to invalidity of elections     Afeaki v. Prime Minister and Salakielu	22
ESTOPPEL
Holder of allotment who allows person to occupy and erect a building on his land is estopped from evicting the occupier from possession     Fakatava v. Koloamatangi and Fakatava	15
EVIDENCE
Evidence rejected as hearsay was admissible     To’a v. Veikune	107
LAND
Agreement by Government to grant inheritable estate to noble not proved.     Kalanivalu v. Government of Tonga and Minister of Lands	5
Allotment in excess of area permitted by Land Act valid if made prior to commencement of the Act     Minister of Lands and Kalanivalu v. Tekiteki	8
Allotment is excess of area permitted by Land Act void as to excess only.     Fifita v. Minister of Lands and Fakafanua	1
Allotment of land can only be made to a person who is a Tongan citizen     Ministry of Lands v. Kulitapa	101
Application for grant of allotment not to be determined solely by date of application     Vaea v. Minister of Lands and Fetu’ufuka	13
Claim to allotment barred by statutory time limitation, even although claimant unaware of grounds for claim     Vaka’uta v. Vaka’uta and Minister of Lands	26
Claim to allotment must be supported by evidence of grant and registration – registration alone not sufficient     Vaka’uta v. Vaka’uta and Minister of Lands	26
Decision by the King in Council with regard to Crown land conclusive     Tonga Government and Minister of Lands v. Fakafanua	46
Decision of Land Court on matters of fact should be reversed and case remitted for re-hearing if Court has wrongly refused to admit evidence     To’a v. Veikuno	107
Determination as to whether or not land is Crown land to be made by Land Court         Tonga Government and Minister of Lands v. Fakafanua	46
Estoppel is a defence to claim for possession     Fakatava v. Koloamatangi and Fakatava	15
Exchange of allotments – decision of Cabinet as to exchange of allotments is final and not justiciable by the courts except in case of fraud     Fonua v. Fiekaipuaka and Minister of Lands	31
Expiry of lease – no right of lessee to receive renewal     Tukino and Haukinima v. Minister of Lands and Tonga	74
Grant of allotment cannot be made out of royal estate     Vaea v. Minister of Lands and Fetu’ufuka	13
Grant of allotment must be in accordance with promises of estate holder and Governor     Mahe v. Tatafu, Deputy Minister of Lands and Motu’apuaka	20
Grant of allotment not invalid if grantee was not resident in the estate in which the allotment was granted     Havea v. Tu’i’afitu, Kava and Minister of Lands	55
Grand of second allotment is void unless grantee succeeds to second allotment as son or grandson of deceased holder, in which case he can elect which allotment to hold     Minister of Lands, Fotu, Ma’u and Pohiva v. Ngahe	40
Limitation of proceedings – proceedings for possession cannot be brought if occupiers have been in adverse possession for more than 10 years     Tu’ifua v. Tui and Ors	99
Oral agreement for the occupation of land is unlawful and will not be enforced     Fakatava and Fakatava v. Koloamatangi and Minister of Lands	16
Oral grant of allotment prior to 23 August 1927 valid     Minister of Lands and Kalanivalu v. Tekiteki	8
Permit – when permit expires, grantee must give up possession of land notwithstanding age of grantee or improvements added to land by grantee     Tu’inukuafe v. Minister of Lands and Tonga Government	53
Posthumous registration at request of widow valid     Moa and Moa v. Moa	87
Registration – effect of registration – registered transfer of land conveys good title notwithstanding existence of trust     Teta Co Ltd. v. Finau, Finau and Minister of Lands	64
Person permitted to occupy land cannot challenge the title of the person who permitted him to occupy the land     Pulu v. Bloomfield	105
Person permitted to occupy land without a lease is only a licensee and can be required to move upon reasonable notice     Pulu v. Bloomfield	105
Proceedings for the recovery of land, even though not an allotment or estate, must be brought in the Land Court not the Supreme Court     Market Authority v. Mataele	103
Registration not sufficient by itself to prove title to allotment     Vaka’uta v. Vaka’uta and Minister of Lands	26
Registration of verbal grant prior to 23 August 1927 valid     Minister of Lands and Kalanivalu v. Tekiteki	8
Renewal of lease – no right of renewal where lease provides that lease is renewable if the lessor shall be willing to again lease the land, but the lessor is not willing to do so.     Kalanivalu v. Government of Tonga and Minister of Lands	5
Right of son or grandson of deceased holder of allotment who is already the holder of an allotment to elect which to hold     Minister of Lands, Fotu, Ma’u and Pohiva v. Ngahe	40
Right of successor to succeed to full area of allotment     Mahe v. Tatafu, Deputy Minister of Lands and Motu’apuaka	20
Setting aside by court of grant of allotment – principles applicable     Hausia v. Vaka’uta and Minister of Lands     Havea v. Tu’i’afitu, Kava and Minister of Lands	58 55
Subdivision of allotment – can only be made in favour of certain member of family i.e. sons, grandson, brothers, nephews     Taiala v. Kafalava	43
Subdivision of excessive allotment – statutory requirements as to written notice directory not mandatory so that failure to comply does not invalidate subdivision     Minister of Lands, Tupou and Vakasiuola v. Vakasiuola	78
LEASE
Expiry – Land Act provides no right of renewal to lessee     Tukino and Haukinima v. Minister of Lands and Tonga	74
Renewal – no right of lessee to renewal if lease provides that lease is renewable if the lessor shall be willing to again lease the land but lessor is not willing to do so.     Kalanivalu v. Government of Tonga and Minister of Lands     Tukino and Haukinima v. Minister of Lands and Tonga	5 74
LIMITATION OF ACTIONS
Claim to allotment statute barred even although claimant unaware of grounds for claim.     Vaka’uta v. Vakas’uta and Minister of Lands	26
Proceedings for recovery of possession of land cannot be brought if occupiers have been in adverse possession for more than 10 years     Tu’ifua v. Tui	99
Time runs from grant of letters of administration in respect of fraudulent inclusion of property within estate of deceased     Tukuafu v. Kongaika and Tafea	10
Time limitation provisions only bar proceedings to enforce claim, but do not extinguish title     Ilavalu v. Minister of Lands	29
PROBATE AND ADMINISTRATION
Effect of deed of settlement upon administration of estate     Teta Co. Ltd. v. Finau, Finau, and Minister of Lands	64
Limitation period runs from date of grant of letters of administration     Tukuafu v. Kongaika and Tafea	10
PRACTICE
Proceedings in Supreme Court should be commenced by writ of summons     Market Authority v. Mataele	103
REGISTRARTION
Effect of registration of land – registered proprietor can transfer good title regardless of trusts     Teta Co. Ltd. v. Finau, Finau and Minister of Lands	64
Posthumous registration at request of widow valid     Moa and Moa v. Moa	87
SENTENCING
Drug offence – principles applicable     Anders v. Police Department	60
STATUTES
Interpretation – statutes should be interpreted to give effect to the purpose of the legislation     Fonua v. Fiekaipuaka and Minister of Lands	31
Interpretation – statutory requirements as to written notice before subdivision of allotment held to be directory not mandatory so that failure to comply with them did not invalidate subdivision     Minister of Lands, Tupou and Vakasiuola v. Vakasiuola	78
Interpretation – statutes should be interpreted so as to avoid manifest injustice and unreasonableness and give effect to purpose of statute     Fifita v. Minister of Lands and Fakafanua	1
SUPREME COURT
Jurisdiction – Supreme Court has jurisdiction to deal with claims as to the invalidity of elections to the Legislative Assembly     Afeaki v. Prime Minister and Salakielu	22
Jurisdiction – Supreme Court has no jurisdiction to deal with any dispute about possession to land     Market Authority v. Mataele	103

[Paclaw/footer.html]