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

Toliseli v Vea [2024] TOSC 98; CV 13 of 2023 (18 December 2024)

IN THE SUPREME COURT OF TONGA

CIVIL JURISDICTION

NUKU’ALOFA REGISTRY

CV 13 of 2023

BETWEEN :

SAMISON TOLISELI

- Judgment Creditor

AND :

SIOSIUA VEA

- Judgment Debtor

RULING

BEFORE: Hon. Justice Tupou KC

Appearances: Mrs. T. Cokanasiga for the Judgment Creditor

Chief Bailiff Officer

Date: 18 December 2024

1. On 22 May, 2023, the Plaintiff obtained judgment in default of a defence against the Defendant in the sum of $18,000 together with interests and costs.
2. On 31 July, 2023, the judgment debt had not been paid and the Plaintiff obtained a writ of distress for $21,260.00. That amount remained outstanding.
3. On 29 August, 2023, vehicles with registration numbers L24079 and J9378 were seized by the Bailiffs under special seizure.
4. On 1 November, 2023, the Tonga Development Bank (TDB) filed a claim against vehicle L24079. It was supported by a letter dated 4 December, 2023 from a Seini Lokotui.
5. On 29 November, 2023, Mrs Fapiola Vea lodged a claim against vehicle J9378. She claimed the vehicle on behalf of her deceased husband Mosese Vea as his widow.
6. The matter was mentioned on 12 December, 2023 with the Defendant in attendance. The claims from Fapiola Vea and TDB were served on the Plaintiff and the Bailiff on this day. The Plaintiff sought time to obtain instructions and the matter was adjourned for hearing on 14 December, 2023 at 3pm with the following directions:

“...a representative from the Tonga Development Bank, Ms Fapiola Vea and Ms Seini Lokotui are to attend before me on 14 December, 2023 at 3pm for the hearing. Each of the claimants are to be informed of the date and time of the hearing and are to be prepared for cross examination.”

7. At the 14 December hearing, no appearance was made on behalf of the TDB but Seini Lokotui appeared to confirm TDB’s claim as to ownership of vehicle with registration L24079. Ms. Fapiola Vea did not appear.
8. Seini Lokotui is Mosese Vea’s daughter whom she claims was the previous co-owner of vehicle L24079 with TDB. She explained that the vehicle is pledged to the bank as security for a loan by her father’s company.
9. Her father’s company purchased the vehicle in late 2022 but did not register it until February, 2023. When her father died in July, 2023 she took over his company and the vehicle is used by the company now trading as Onoiki Constructions.
10. Looking at the evidence before me I found Ms Lokotui’s evidence as sufficient to the required standard to substantiate that the vehicle L24079 did not belong to the Judgment Debtor. Whether letters of administration over the estate of Mr. Mosese Vea existed or not is beside the point for the purposes of this proceeding.
11. The Plaintiff did not call or produce any evidence to rebut Ms. Lokotui’s evidence or to prove standard that the vehicle with registration L24079 was the Defendant’s property and liable for seizure under the current writ of distress.
12. As to the claim against vehicle J9378, Mrs Fapiola Vea did not come forward to give evidence and that claim must fail.

Result

13. TDB’s interpleader claim against the vehicle with registration plate number L24079 is upheld and is entitled to costs to be agreed or taxed.
14. The interpleader claim against the vehicle with registration plate number J9378 is rejected and the Bailiff may proceed as appropriate. The judgment creditor is entitled to costs to be agreed or taxed in respect of this portion of the proceedings.
    

P. Tupou KC
Judge
Nuku’alofa: 18 December 2024