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Pale v Yong Chen [2026] TOLC 4; LA 14 of 2025 (12 February 2026)

IN THE LAND COURT OF TONGA
NUKU’ALOFA REGISTRY
LA 14 of 2025

BETWEEN
SOANE FEHOKO PALE
Plaintiff
AND
YONG CHEN
Defendant

RULING ON FORMAL PROOF

Before: Hon. Justice P. Tupou KC
Hon. Land Assessor Mrs. Fuiva Kavaliku
Appearances: Mrs. Fatai Vaihu
No appearance by the Defendant
Date of Hearing: 12 February, 2026
Date of Ruling: 12 February, 2026

Nature of the case

1. The Plaintiff, is the registered holder of a town allotment situated at Vaini, Tongatapu. The Plaintiff says the Defendant is currently operating a business from the town allotment without his consent and seeks an eviction order against him.
2. The Plaintiff has applied for judgment by formal proof pursuant to Order 6 Rule (3) of the Land Court Rules.
3. The writ of summons and statement of claim was filed on 24 July, 2025 and served on the Defendant on 6 August, 2025. The Defendant has not taken any steps to defend or participate in these proceedings.
4. The formal proof was originally set down for hearing yesterday but was adjourned to today as no Land Assessor was available. Attempts to serve the Defendant with notice of today’s hearing was unsuccessful as he is said to be in China.
5. I am satisfied that the Defendant was served with the notice of the formal proof hearing for yesterday and did not appear. Clearly it was not his intention to be here for that hearing.
6. Pursuant to Order 6 Rule 1(3) even if he was present he is not allowed to be heard and proceeding with the hearing today will not alter the outcome as it is for the Plaintiff to prove his case on the balance of probabilities.

The Evidence

7. The Plaintiff gave evidence via AVL from LA, California, USA. The court heard that he is the eldest son of Kisione Pale (referred to hereafter as “Kisione”) and ‘Asinate Lavea Pale (referred to hereafter as “Asinate”) of Vaini, Tongatapu.
8. Kisione previously held a town allotment best described as all that land consisting of 39.1 perches situated at Vaini, Tongatapu under Deed of Grant Book 498 Folio 22^[1]. Kisione died in December, 1991 and ‘Asinate claimed the town allotment and held it under a widow’s estate up until she died on 6 July, 2024.
9. Soane told the court he built the residence on the town allotment and during ‘Asinate’s tenure as holder of the allotment, he erected a building on it at the front of the family home where ‘Asinate opened a retail shop and rented out the other half of the building to Western Union Money Transfer.
10. As ‘Asinate aged, Amelia Pale, the Plaintiff’s younger sister, moved back to Tonga and took over the retail business from their mother. Amelia has since returned to the United States and does not communicate with the Plaintiff.
11. Meanwhile, the Defendant is operating a restaurant and occupying the portion of the building previously used by ‘Asinate as her shop. The Plaintiff did not give the Defendant permission to enter his town allotment or his late mother’s shop.
12. The court enquired whether any letters of administration had been taken out in respect of the buildings on the town allotment. The Plaintiff told the court that he built both the residence and the building currently occupied by the Defendant.
13. The Plaintiff confirmed that the Defendant only need remove his cooking equipment and belongings as there are no fixtures to the building that is not property of the Plaintiff.
14. Demands were served on behalf of the Plaintiff for the Defendant to vacate his town allotment via letter from his lawyers on 30 June, 2025, 16 July, 2025 and 21 July, 2025. The Defendant has disregarded those demands and elected to remain on the Plaintiff’s town allotment to date.

15. The Court also heard from Senior Constable Penisimani Hafoka, who was engaged to serve the notice of listing for the formal proof today. Senior Constable Hafoka told the court he served the originating summons and statement of claim on the Defendant. He was engaged to serve the notice of listing for the formal proof that was to be held yesterday and the notice for the hearing today.

16. Senior Constable Hafoka said he took the notice of listing for today’s hearing to the said town allotment and was informed by another Chinese national known as “Sione” at the allotment that the Defendant was in China.
17. The Plaintiff’s and his witnesses evidence is accepted and the court is satisfied on the balance of probabilities that the Plaintiff has proven his claim and that the Defendant is a trespasser.

Result

18. Accordingly, it is ordered that:
    1. The Defendant is hereby ordered to vacate the Plaintiff’s building located on his town allotment best described under Deed of Grant Book 498 Folio 22 situated Vaini, Tongatapu by 26 Februrary, 2026.
    2. Should the Defendant fail to vacate by the said date, the police is authorised to enter the premises, using necessary force, to remove the Defendant and any persons claiming through him and their belongings.
    100. The Defendant is ordered to pay the Plaintiff's costs to be taxed, if not agreed.
19. I acknowledge the invaluable assistance offered by the Learned Land Assessor in this matter.

P. Tupou KC
Nuku’alofa: 12 February, 2026. Judge

^[1] a copy of the original deed was produced