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Tahavalu v Vakameilalo [2014] TOCA 2; AC 4, 5 of 2013 (9 April 2014)

IN THE COURT OF APPEAL OF TONGA
LAND JURISDICTION
AC 4-5 of 2013
NUKU'ALOFA REGISTRY [LA14-20 of 2013]

BETWEEN :

1. RODERICK TAHAVALU

2. 'OFA TAHAVALU

3. MELI MAHE

4. SIONE SISI

5. SIO FIFITA

6. LONI FAPIANO

7. VEIMAU SONGO'IMOLI

8. 'ISI TU'IFUA

Appellants

AND :

1. TEVITA TATAFU VAKAMEILALO

2. MINISTER OF LAND
Respondents

Coram : Salmon J

Blanchard J

Ward J

Counsel : Mr Fakahua for the Appellants
Mr W. Edwards for Respondent
Mr Kefu SG for 3rd Party

Date of Hearing : 4 April 2014

Date of Judgment : 9 April 2014

JUDGMENT OF THE COURT

[1] The appellants all occupy defined portions of land situated at Halaleva, Ma'ufanga and known as Fonua'eiki.

[2] The first respondent is the registered holder of the land, having succeeded to it as the heir of the previous holder Siaosi Tau'ovelata (Tau) Vakameilalo.

[3] In July 2009 the respondent commenced 7 sets of proceedings. One proceeding was against the first three named appellants, another 5 against each of the remaining appellants and the 7th against a party who took no part in the proceedings. Each proceeding sought possession of the land occupied by the appellants.

[4] In January 2013 the Lord Chief Justice gave judgment in favour of the respondent and made an order that the appellants vacate the land. Appeals were lodged on behalf of all the above named appellants. All proceedings were consolidated for the purpose of this appeal.

[5] The manner on which the proceedings came before the Chief Justice were somewhat unusual. The appellants each filed defences and applied to join the Minister as a third party. They filed affidavits against an application for summary judgment and in support of the application to join the Minister. The application for summary judgment was dismissed. Both the respondent and the Minister also filed affidavits.