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Tungi v Napa'a [2021] TOCA 12; AC 2 of 2021 (1 October 2021)

IN THE COURT OF APPEAL
LAND JURISDICTION
NUKU’ALOFA REGISTRY

AC 2 of 2021
[LA 7 of 2020]

BETWEEN:

HSH PRINCE TUNGI Appellant

AND:

VILIAMI ‘ETUATE NAPA’A First Respondent
MINISTER OF LANDS Second Respondent
MALAKAI NAPA’A Third Respondent

AC 3 of 2021
[LA 7 of 2020]

BETWEEN:

MALAKAI NAPA’A Appellant

AND

MINISTER OF LANDS First Respondent

HSH PRINCE TUNGI Second Respondent

VILIAMI ‘ETUATE NAPA’A Third Respondent

Coram: Whitten CJ Hansen J Randerson J White J

Counsel: Mrs P Tupou for HSH Prince Tungi Mr S Sisifa for Minister of Lands Ms A Kafoa for Malakai Napa’a

Viliami ‘Etuate Napa’a self-represented

Hearing: 22 September 2021

Judgment: 1 October 2021
JUDGMENT OF THE COURT

These appeals concern the validity of a grant of a town allotment by the Minister of Lands to Mr Malakai Napa’a (Malakai). It is called Toafa. The allotment is part of the hereditary estate of Prince Tungi.
The principal respondent to both appeals is Mr Viliami ‘Etuate Napa’a (Viliami). He was the plaintiff in the proceedings below in the Land Court.
On 16 December 2020 Niu J (sitting with Assessor Tu’ifua) upheld Viliami’s challenge to the grant. His Honour ordered:
- (1) The claim of the plaintiff is upheld.
- (2) The first defendant, Minister of Lands, shall forthwith cancel the deed of grant book 464 folio 27 dated 2 March 2020 of the third defendant.
- (3) The plaintiff shall sign and lodge an application form for the town allotment which was granted to the third defendant in the deed of grant book 464 folio 27 with the Minister of Lands and it is hereby declared that the estateholder, Noble Tungi, is deemed to have consented and that there is no impediment to the grant of the allotment to the plaintiff.
- (4) The plaintiff shall pay all fees and charges which shall properly be required for the grant and registration of the town allotment in his name.
- (5) The Minister of Lands shall cause a deed of grant of the town allotment to be prepared and to be duly issued to the plaintiff and to have it registered according to law.