Tonga - TLR Volume II (1923-1962)

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Fiji Islands - Tongan Law Reports - Subject Index

TONGAN LAW REPORTS

VOLUME II

REPORT OF LAND COURT CASES 1923 – 1962

PRIVY COUNCIL DECISIONS 1924 – 1961

EDITOR:
D.B. HUNTER B.A. LL.B. (Syd.)
Judge of Supreme Court of Tonga

INDEX

PAGE

ACTION:

    Application to Supreme Court for:

    (1) an audit of Churchs’ books, granted and

    (2) dismissal of the President, refused:

    Fotu & Ors. v. Fonua

216

    Tort, claim against the Government in:

   Sanft v. Minister of Police & Ors.

211

    Assault – no necessity for prior police prosecution Quantum of damages:

    Small v. Vete

219

ALLOTMENTS

Subsequent grant of Town allotment previously given by Noble’s predecessor – Land registered – First grant prevails – Title of Registered holder paramount:

    Malupo v. Havili

30

Grant of Town allotment without Minister’s approval invalid:

   Tu’iono v. Tulua

36

Subdivision of allotment in excess of statutory area:

    Taufeulungaki v. Panuve

70

Widow’s life estate – allegation of adultery – Claim must be bona fide:

   Vaea v. Pael

45

Adultery of widow – steps to be taken:

    Taufculungaki v. Panuve

70

Town allotment – Evidence of title – Presumption of genuiness of documents – Costs against Minister:

   Peliatisi v. Deputy Minister of Lands

47

Registration of Town allotment before 1927 unnecessary – grant without Tofi’a holder’s consent in valid:

    Tu’uhetoka v. Malungahu

53

Direction by Minister that allotments of only 5 acres be granted in Ha’apai:

    Tu’iono v. Deputy Minister of Lands

56

Subdivision of allotments in excess of statutory area – Who is entitled to a lease:

    Finau v. Kalifi

58

Simultaneous applications – To whom should grant be made:

    Hafo’ou v. Fotu

60

Surrender of allotment – Half brother of same mother but a different father not a “brother” within the meaning of S.75 of Land Act:

    Vaisima v. Vaea

64

Notice of claim by heir – Affidavit not necessary:

    Latu v. Minister of Lands

93

    Vunipola v. Minister of Lands

130

Subdivision of allotment in excess of statutory area: No notice to holder:

    Mateitalo v. Naufahu

95

Devolution of allotments – Election by heirs – Claim to be lodged within 12 months – Tongan custom – Estoppel:

    Tonga v. Minister of Lands

96

Registration – Deed of Grant – Entry on Plan – verbal application :

    Tokotaha v. Minister of Lands

99, 159

Simultaneous applications – Minister’s discretion – Decision by throwing dice:

    Tu’ipulotu v. Deputy Minister of Lands

102, 151

Registration not only test of ownership – Widow’s life estate – Husband died 1931 – Notice by widow not required:

  Moala v. Tu’iavitu

104, 153

Entries in Register conclusive except for fraud or mistake:

    Ma’asi v. Akau’ola & Deputy Minister of Lands

107

Widow’s allotment – Proof of adultery – Limitation of action:

    Lavaka v. Pahulu

109

Registration of allotments – Minister’s discretion Disagreement between Judge & Assessor:

  Maka v. Minister of Lands

111

Subdivision – no written notice to holder – Tongan Custom – Court not bound by technicalities:

   Katoanga v. Ofahengaue

113

Devolution of allotments – Election by sons and grandsons :

    Ma’afu v. Minister of Land

119

Grant of town allotment by Estate holder before 1927 – Grant by Minister not necessary:

    Manakotau v. Vaha’i

121

Registration of tax allotment – Mistake in the Register altered by the Court:

   V. Hema v. F. Hema & Minister of Lands

126

Town allotment – Unregistered holder before 1927 – Registration not essential – Minister has no power to order subdivision of town allotments – Reopening case for further legal argument:

    Minister of Lands v. Kamoto

132

Grant of allotment by Minister not to be set a side unless grant made on wrong principles:

   To’ofohe v. Minister of Lands

157

Estate holder signed both Plaintiff’s and Defendant’s application – What Minister should consider in granting applications:

    Afu v. Lebas

167

Widow must lodge claim within twelve months from husband’s death:

    S. Malamala v. S.H. Malamala & Deputy Minister of Lands

169

Right of election applies only to sons & grandsons irrespective of date of registration:

    Fatai v. Deputy Minister of Lands

172

Lost Deed of Grant – affidavit under S.101 of Cap.43 – not necessary to file affidavit within twelve months – Legitimacy of birth during marriage of parents conclusive in absence of evidence of non-access:

    Deputy Minister of Lands & Fifita v. Moli

175

ADMINISTRATION OF ESTATES

Possession evidence of ownership:

   Sandys v. Otukolo

200

APPEAL

Grounds of appeal must be set out in notice of appeal:

    Vailala v. Latu

    Tui’one v. Finau

165

205

Procedure to be adopted on death of appellant before hearing:

    Ngahe v. Luani

171

No right of appeal from Supreme Court sitting in appeal from Magistrate:

    Vete v. Tu’itupou

210

CHURCH LANDS

Amalgamation of churches – ownership of lands:

    Watkins v. Manu

8, 136

CONTRACTS

Agreement registered by leave of Judge seven months after execution, good:

    Tui’one v. Finau

206

Agreement not registered – registration unnecessary:

   Etu v. Mo’unga

198

Calling attesting witness

    Pohahau v. Fuka

191

Estoppel by conduct

    Jones v. Cowley

215

DIVORCE

Deserting party entitled to present petition for dissolution on ground of five years separation.

    Tipou v. Taumoepeau

186

EVACUATION ACT 1947

Compensation for interference with business

    Premier & Ors v. Tuita

187

HUSBAND & WIFE

Joint property

    M. Folau v. T. Folau

208

LAND COMMISSION 1917

Findings invalid

    Kalaniuvalu v. Minister of Lands

40

LEASES

Leases are personal property

    Pangia v. Kalaniuvalu

32

Rents can be bequeathed by will

    Taufe’ulungaki v. Panuve

70

LIMITATION OF ACTION

Limitation section (S.147) applies to Nobles

    Etu v. Nuku

116, 161

When time starts to run

    Halafihi v. Kalaniuvalu

55, 149

TAXATION OF COSTS

Taxation impossible without scale of costs

    Minister of Lands & Anor. v. Tuita

203

TITLES OF NOBLES

Claim may be brought in Supreme Court:

    Etu v. Nuku

116, 161

LAW OF SUCCESSION

Right of Land Court to deal with Nobles’ titles

    Uluilakepa v. Fulivai

10

TOFTA

Claim to Tofi’a – Law of Succession – Legitimacy – The Constitution:

    Finau v. Tu’ivakano

13

Tracing an inheritance – 1875 the starting point – Full blood referred to half blood.

   Ahokava v. Malupo

74, 150

Grant of land to Noble invalid without concurrence of Privy Council

    Tuita v. Minister of Lands

18

Claim to Tofi’a – Tongan custom – marriage before 1875 – King bound by Constitution

    Namoa v. Vaha’i

22

What must be proved – Illegitimacy – Tongan marriages – Tongan custom

  Moeaki v. Fakafanua

26

What is meant by “next male heir” in S.41 Cap. 27 (1928 Laws)

    Liku v. Ha’angana

66

“Legitimate male issue” – Land Court bound by Privy Council decisions

    Akaveka v. Nuku

78

Claim to title – adopted son – Tongan custom – Advice of Assessor

    Pafua v. Motu’apuaka

83

Claim to title: King’s presence unnecessary at appointment – Letter of appointment – Tongan customs

   Manatau v. Motu’apuaka

86

Hereditary titles – adopted sons – Inheritance to be traced from prior to grant of H.M. Tupou I – 1935 Amendment to Clause 107 of Constitution does not have retrospective operation

    Kaianuanu v. Fulivai

128, 178

Titles to be traced from grant by H.M. Tupou I – Limitation of action applies to Nobles

    Tu’ipulotu v. Kavaonuku

    Ahokava v. Malupo

143

150

Tofi’a regularly granted by H.M. Tupou I cannot be altered at whim of succeeding sovereign

    Motu’apuaka v. Vaha’i

6

WOMEN’S SOCIETY

Claim by members of society for the return of moneys contributed by them for the erection of a Society house

    Olie v. Valu & Ors.

193

WRONGFUL DISMISSAL

Claim against Deputy Premier & Acting Minister of Police by two policemen for wrongful dismissal

    Tu’akoi & Anor. v. Deputy Premier & Anor.

196

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INDEX	PAGE
ACTION:
Application to Supreme Court for: (1) an audit of Churchs’ books, granted and (2) dismissal of the President, refused: Fotu & Ors. v. Fonua	216
Tort, claim against the Government in: Sanft v. Minister of Police & Ors.	211
Assault – no necessity for prior police prosecution Quantum of damages: Small v. Vete	219

ALLOTMENTS
Subsequent grant of Town allotment previously given by Noble’s predecessor – Land registered – First grant prevails – Title of Registered holder paramount: Malupo v. Havili	30
Grant of Town allotment without Minister’s approval invalid: Tu’iono v. Tulua	36
Subdivision of allotment in excess of statutory area: Taufeulungaki v. Panuve	70
Widow’s life estate – allegation of adultery – Claim must be bona fide: Vaea v. Pael	45
Adultery of widow – steps to be taken: Taufculungaki v. Panuve	70
Town allotment – Evidence of title – Presumption of genuiness of documents – Costs against Minister: Peliatisi v. Deputy Minister of Lands	47
Registration of Town allotment before 1927 unnecessary – grant without Tofi’a holder’s consent in valid: Tu’uhetoka v. Malungahu	53
Direction by Minister that allotments of only 5 acres be granted in Ha’apai: Tu’iono v. Deputy Minister of Lands	56
Subdivision of allotments in excess of statutory area – Who is entitled to a lease: Finau v. Kalifi	58
Simultaneous applications – To whom should grant be made: Hafo’ou v. Fotu	60
Surrender of allotment – Half brother of same mother but a different father not a “brother” within the meaning of S.75 of Land Act: Vaisima v. Vaea	64
Notice of claim by heir – Affidavit not necessary: Latu v. Minister of Lands	93
Vunipola v. Minister of Lands	130
Subdivision of allotment in excess of statutory area: No notice to holder: Mateitalo v. Naufahu	95
Devolution of allotments – Election by heirs – Claim to be lodged within 12 months – Tongan custom – Estoppel: Tonga v. Minister of Lands	96
Registration – Deed of Grant – Entry on Plan – verbal application : Tokotaha v. Minister of Lands	99, 159
Simultaneous applications – Minister’s discretion – Decision by throwing dice: Tu’ipulotu v. Deputy Minister of Lands	102, 151
Registration not only test of ownership – Widow’s life estate – Husband died 1931 – Notice by widow not required: Moala v. Tu’iavitu	104, 153
Entries in Register conclusive except for fraud or mistake: Ma’asi v. Akau’ola & Deputy Minister of Lands	107
Widow’s allotment – Proof of adultery – Limitation of action: Lavaka v. Pahulu	109
Registration of allotments – Minister’s discretion Disagreement between Judge & Assessor: Maka v. Minister of Lands	111
Subdivision – no written notice to holder – Tongan Custom – Court not bound by technicalities: Katoanga v. Ofahengaue	113
Devolution of allotments – Election by sons and grandsons : Ma’afu v. Minister of Land	119
Grant of town allotment by Estate holder before 1927 – Grant by Minister not necessary: Manakotau v. Vaha’i	121
Registration of tax allotment – Mistake in the Register altered by the Court: V. Hema v. F. Hema & Minister of Lands	126
Town allotment – Unregistered holder before 1927 – Registration not essential – Minister has no power to order subdivision of town allotments – Reopening case for further legal argument: Minister of Lands v. Kamoto	132
Grant of allotment by Minister not to be set a side unless grant made on wrong principles: To’ofohe v. Minister of Lands	157
Estate holder signed both Plaintiff’s and Defendant’s application – What Minister should consider in granting applications: Afu v. Lebas	167
Widow must lodge claim within twelve months from husband’s death: S. Malamala v. S.H. Malamala & Deputy Minister of Lands	169
Right of election applies only to sons & grandsons irrespective of date of registration: Fatai v. Deputy Minister of Lands	172
Lost Deed of Grant – affidavit under S.101 of Cap.43 – not necessary to file affidavit within twelve months – Legitimacy of birth during marriage of parents conclusive in absence of evidence of non-access: Deputy Minister of Lands & Fifita v. Moli	175

ADMINISTRATION OF ESTATES
Possession evidence of ownership: Sandys v. Otukolo	200

APPEAL
Grounds of appeal must be set out in notice of appeal: Vailala v. Latu Tui’one v. Finau	165 205
Procedure to be adopted on death of appellant before hearing: Ngahe v. Luani	171
No right of appeal from Supreme Court sitting in appeal from Magistrate: Vete v. Tu’itupou	210

CHURCH LANDS
Amalgamation of churches – ownership of lands: Watkins v. Manu	8, 136

CONTRACTS
Agreement registered by leave of Judge seven months after execution, good: Tui’one v. Finau	206
Agreement not registered – registration unnecessary: Etu v. Mo’unga	198
Calling attesting witness Pohahau v. Fuka	191
Estoppel by conduct Jones v. Cowley	215

DIVORCE
Deserting party entitled to present petition for dissolution on ground of five years separation. Tipou v. Taumoepeau	186

EVACUATION ACT 1947
Compensation for interference with business Premier & Ors v. Tuita	187

HUSBAND & WIFE
Joint property M. Folau v. T. Folau	208

LAND COMMISSION 1917
Findings invalid Kalaniuvalu v. Minister of Lands	40

LEASES
Leases are personal property Pangia v. Kalaniuvalu	32
Rents can be bequeathed by will Taufe’ulungaki v. Panuve	70

LIMITATION OF ACTION
Limitation section (S.147) applies to Nobles Etu v. Nuku	116, 161
When time starts to run Halafihi v. Kalaniuvalu	55, 149

TAXATION OF COSTS
Taxation impossible without scale of costs Minister of Lands & Anor. v. Tuita	203

TITLES OF NOBLES
Claim may be brought in Supreme Court: Etu v. Nuku	116, 161

LAW OF SUCCESSION
Right of Land Court to deal with Nobles’ titles Uluilakepa v. Fulivai	10

TOFTA
Claim to Tofi’a – Law of Succession – Legitimacy – The Constitution: Finau v. Tu’ivakano	13
Tracing an inheritance – 1875 the starting point – Full blood referred to half blood. Ahokava v. Malupo	74, 150
Grant of land to Noble invalid without concurrence of Privy Council Tuita v. Minister of Lands	18
Claim to Tofi’a – Tongan custom – marriage before 1875 – King bound by Constitution Namoa v. Vaha’i	22
What must be proved – Illegitimacy – Tongan marriages – Tongan custom Moeaki v. Fakafanua	26
What is meant by “next male heir” in S.41 Cap. 27 (1928 Laws) Liku v. Ha’angana	66
“Legitimate male issue” – Land Court bound by Privy Council decisions Akaveka v. Nuku	78
Claim to title – adopted son – Tongan custom – Advice of Assessor Pafua v. Motu’apuaka	83
Claim to title: King’s presence unnecessary at appointment – Letter of appointment – Tongan customs Manatau v. Motu’apuaka	86
Hereditary titles – adopted sons – Inheritance to be traced from prior to grant of H.M. Tupou I – 1935 Amendment to Clause 107 of Constitution does not have retrospective operation Kaianuanu v. Fulivai	128, 178
Titles to be traced from grant by H.M. Tupou I – Limitation of action applies to Nobles Tu’ipulotu v. Kavaonuku Ahokava v. Malupo	143 150
Tofi’a regularly granted by H.M. Tupou I cannot be altered at whim of succeeding sovereign Motu’apuaka v. Vaha’i	6

WOMEN’S SOCIETY
Claim by members of society for the return of moneys contributed by them for the erection of a Society house Olie v. Valu & Ors.	193

WRONGFUL DISMISSAL
Claim against Deputy Premier & Acting Minister of Police by two policemen for wrongful dismissal Tu’akoi & Anor. v. Deputy Premier & Anor.	196