Ongoongotau v Koloi [2003] TOCA 1; CA 14 2002 (22 July 2003)

IN THE COURT OF APPEAL OF TONGA
NUKU’ALOFA REGISTRY

APPEAL NO. 14/2002

BETWEEN:

‘ENELE ONGOONGOTAU
Appellant

AND:

1. ‘OFA KI HE LOTU KOLOI
First Respondent

2. MINISTER OF LANDS
Second Respondent

Coram: Burchett J
Tompkins J

Counsel: Mr. ‘Etika for Appellant
Ms Tonga for First Respondent
Mr. Pouono for Second Respondent

Date of hearing and judgment: 22 July 2003.

MEMORANDUM OF
JUDGMENT OF THE COURT

This Appeal was heard by two members of the Court pursuant to an order under the Court of Appeal (Constitution of Court) Rules 2003.

After the argument had proceeded a short distance, it became apparent that the Appellant’s case was confronted by significant problems, and Mr. ‘Etika abandoned the appeal. The Court accordingly ordered that the appeal be dismissed, with orders for costs in favour of the First Respondent and costs as of a submitting appearance in favour of the Second Respondent.

Burchett J
Tompkins J