Home | Databases | WorldLII | Search | Feedback Land Court of Tonga

Tu'uholoaki v Finau [2025] TOLC 6; LA 23 of 2024 (24 June 2025)

IN THE LAND COURT OF TONGA
NUKU’ALOFA REGISTRY

LA 23 of 2024

BETWEEN:

LUTE HALATOA TU’UHOLOAKI
Plaintiff

AND:

SUNIA FUATAPU FINAU
Defendant

JUDGMENT

BEFORE HON. JUSTICE P. TUPOU KC AND LAND ASSESSOR S. FUKOFUKA

Date of Hearing: 24 April, 1 May and 24 June, 2025
Date of Ruling: 24 June, 2025

To: Mrs F. L. Vaihu for the Plaintiff
The Defendant

The nature of the case

1. The Plaintiff is the registered holder of a tax allotment known as “Konga ‘o Halaniu” at Houma, Tongatapu consisting of 5a 2r 37 (“the Land”) under Deed of Grant Book 493 Folio 12. She claims that the Defendant is trespassing on her allotment and is farming it without her permission and seeks orders for his eviction.
2. The defendant was served with these proceedings on 9 November, 2024. He has taken no steps. He also had notice of the hearing today but again has taken no steps.

The evidence

3. The Plaintiff is 72 year old Lute Halatoa Tu’uholoaki. She is the widow of the late Tevita K H Tu’utholoaki (“Tevita”), the previous registered holder of the Land.
4. Tevita died on 11 March, 2007 and the Plaintiff claimed the land as his widow. The Land was registered to her on ---------------18 July, 2007.
5. In 2014, one Uolota Tu’uholoaki (“Uolota”) requested the Plaintiff’s permission to use her Land as a cattle ranch. The Plaintiff agreed.
6. In 2015 the Plaintiff noticed the Defendant on her Land and observed he was growing crops contrary to her agreement with Uolota.
7. In 2023, the Plaintiff asked Uolota when she could have her Land back. Uolota told her she could have it back in 2024.
8. In May, 2024, the Plaintiff approached the Defendant and demanded he end his use of her Land after harvesting cassava he was growing at the time. The Defendant said he was not going to stop using the allotment and she should see Uolota first.
9. The Plaintiff approached Uolota who attacked her with a piece of timber.
10. The Plaintiff charged the Defendant with trespass where he was found guilty in the Magistrates Court. That has not deterred him from continuing to use the Plaintiff’s Land.
11. The Plaintiff engaged legal counsel and a letter dated 29 September, 2025 was served on the Defendant giving him 2 weeks to vacate the Plaintiff’s Land. That letter was ignored and the Defendant did not relent from his use of the Land.
12. The Plaintiff filed this action and served on the Defendant on 9 November, 2024. No defence was filed in opposition.
13. The formal proof was heard on 24 April, 2025. The Defendant was in court but pursuant to Order--- 6 Rule 3 of the Land Court Rules, he could not be heard.
14. The hearing today was purely to receive proof of the Plaintiff’s registration with no further evidence. It is necessary to record that the Land Assessor was unavailable today due to a family bereavement and it was agreed that for the purposes of tendering one document, the Court could resume and receive the said document.

Discussion

15. I am satisfied that the Plaintiff is the registered holder of the Land that she is entitled to immediate possession of it.
16. Further, that the Defendant has not been given permission by the Plaintiff or anyone else on her behalf to be on or to use the Land.
17. Demand has been made upon the Defendant to vacate the land and he has failed to do so. Clearly, he is a trespasser.

Result

18. For the reasons discussed above, it is ordered that:

1. The Defendant, Sunia Fuatapu Finau is to immediately vacate the tax allotment of the Plaintiff at Houma, Tongatapu.
2. The Defendant is to remove all of his possessions from the Land including any crops and is to restore the Land to its original condition as he found it.

100. The Defendant shall pay the plaintiff’s costs and if not agreed shall be taxed by the Registrar.

P. Tupou KC
JUDGE

Nuku’alofa: 24 June, 2025