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Lisiate v 'Eli [2012] TOCA 13; AC 23 of 2011 (27 April 2012)

IN THE COURT OF APPEAL OF TONGA
LAND JURISDICTION
NUKU'ALOFA REGISTRY

APPEAL NO. AC 23 of 2011
[LA 21 of 2010]

BETWEEN:

1. AIVENIHOU LISIATE
2. LAUTAIMI LISIATE
Appellants

AND

1. MELE 'ELI
2. VIKA HUI
3. TAPA'ATOUTAI 'ELI
Respondents

Coram: Burchett J
Salmon J
Moore J

Counsel: Mr. Niu for the Appellants
Mr. Edwards for the Respondents

Date of hearing: 17 April 2012
Date of judgment: 27 April 2012

JUDGMENT OF THE COURT

[1] This appeal arises out of disputes between members of an extended family over the ownership of approximately 8 acres of land at Ha'ateiho.

[2] The claim began with proceedings by the respondents who claim to be the owners of the land seeking an injunction to restrain the second appellant from entering or interfering with the first and third respondents' tax allotments and judgment for damages relating to the actions of the second appellant in entering their land and destroying crops on it.

[3] The first appellant was joined by the second appellant as a third-party to the proceedings. The first appellant filed a counterclaim in which he claimed to be the owner of the land and that he had authorized the second appellant to enter upon it and plant crops. He claimed orders directing the Minister of Lands to cancel the grants made to the first and third respondents and for an order directing the Minister of Lands to register and issue a Deed of Grant of the whole of the land to the third party.

[4] The claims were heard in the Land Court presided over by the Lord President with an assessor. For reasons set out in the judgment, which will be discussed later, the Court found for the plaintiffs, the respondents in the appeal, and directed that matters of damages and further consequential orders would be the subject of further submissions by counsel.

BACKGROUND

[5] It is necessary to give a history of the ownership of this land, the circumstances leading to its subdivision, the vesting of half of it in each of the first and third respondents and the reasons why the first appellant claims to be entitled to ownership. The story starts in 1963. Around that time the appellants' father Sione Siuaki 'Eli (Siuaki) began occupation of the land. The appellants claim that from that time Siuaki was the rightful owner of the land which had a total area of 8 acres 1 rood and 1 perch.