Tukuafu v Latu [2006] TOCA 2; AC 05-2005 (7 August 2006)

IN THE COURT OF APPEAL OF TONGA
LAND JURISDICTION
NUKU’ALOFA REGISTRY

AC.05/2005

BETWEEN:

TEVITA TUNUFA’I TUKUAFU
Appellant

AND:

1. SIONE TU’ALAU LATU
2. MINISTER OF LANDS
Respondents

Coram: Webster CJ
Burchett J
Salmon J
Moore J

Counsel: Mr Niu for the appellant
Ms Simiki for the Minister of Lands (Second Respondent)
Mr Tu’utafaiva for the First respondent

Date of hearing: 7 August 2006
Date of judgment:

JUDGMENT OF THE COURT

[1] The substantial issues in this appeal were decided in a judgment delivered a year ago. The question now before this Court of Appeal is what final orders should be made.

[2] After some discussion, in which it became clear that a monetary order against the first respondent would be unlikely to prove fruitful, Mr Niu said that his client sought only an order that the first respondent deliver up possession of the land to the appellant on a date about three months hence. The Court orders that the first respondent do so on or before Wednesday the 15th of November 2006, Mr Tu’utafaiva and Ms Simiki having nothing to urge against this course in the light of the Court’s previous decision.

[3] Costs orders in respect of the appeal up to and including the judgment handed down at the last sittings of the Court of Appeal have already been made. In the special circumstances of this case, and Mr Niu not seeking any order, we make no further order as to the costs of any party.

Webster CJ
Burchett J
Salmon J
Moore J