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Fifita v Bailiff Officers [1999] TOCA 19; CA 21 1999 (23 July 1999)

IN THE COURT OF APPEAL OF TONGA
ON APPEAL FROM THE
SUPREME COURT OF TONGA

APPEAL NO. 21/99
BETWEEN

TEVITA MISA FIFITA

Appellant
-V-

1. THE BAILIFF OFFICERS

First respondent

2. NANCY WONG

Second respondent

3. WEN RUI WANG

Third respondent

4. PENIASI VAKA’UTA

Fourth Respondent

Coram:
Burchett J, Tompkins J, Beaumont J.

Counsel:
Mr Tu’utafaiva & Mrs Taufateau for the Appellant.
Mr ‘Etika for the Second & Third Respondents
Mr Malolo for the Bailiffs

Date of hearing: 16 July 1999
Date of judgment: 23 July 1999

JUDGMENT OF THE COURT

INTRODUCTION

This appeal is concerned with questions of title to, and property in, a motor vehicle arising in interpleader proceedings. The history of the matter follows.

By an agreement in writing dated 12 February 1997 ("the agreement"), Tevita Misa Fifita, the appellant, agreed to sell a motor vehicle ("the vehicle") to Penisimani Vaka'uta, the fourth respondent, for the price of $8,600.00, together with the cost of insurance, $387.00, a total of $8,987.00. Payment by the fourth respondent of a deposit of $3,500.00 was acknowledged, thus leaving a balance of $5,487.00 to be paid (para. 2 of the agreement).

The appellant then agreed:

"3. The (appellant) will register and licence the vehicle under it's name until the (fourth respondent) will pay all the: amount shown on the 2nd paragraph as the 'Balance to be. paid'

5. It will give the (fourth respondent) the vehicle after the (fourth respondent) pay for the Deposit shown on the 2nd. paragraph and when both parties signed the agreement of this agreement.

6.The (appellant) will make it possible and do some work to change the licence and the registration of the vehicle to the, (fourth respondent) after the (fourth respondent) paid in full, the 'Balance to be paid' as shown on the 2nd and 3rd paragraph."

The fourth respondent then agreed:

"7. He/She will accept the vehicle and use it sensibly, take care and look after it properly until he/she paid off the 'Balance to be paid', to the (appellant) according to the payment procedure shown on the 8th paragraph.

8. He/She will pay back the 'Balance to be paid' as such.