'Unuaki 'O Tonga Royal University of Technology v Kingdom of Tonga [2014] TOCA 20; AC 21 of 2014 (31 October 2014)

IN THE COURT OF APPEAL OF TONGA
CIVIL JURISDICTION

NUKU'ALOFA REGISTRY

AC 21 of 2014
[CV87 & 88 of 2009]

BETWEEN:

1. 'UNUAKI 'O TONGA ROYAL UNIVERSITY
OF TECHNOLOGY
2. 'ETUATE LAVULAVU
Appellants

AND:

KINGDOM OF TONGA
Respondent

Coram : Salmon J

Handley J

Hansen J

Tupou J

Counsel : Mr K. Piukala & Mr O. Pouono for the Appellants

Mr Kefu, A/AG for the Respondent

Date of Hearing : 28 October 2014

Date of Judgment : 31 October 2014

MEMORANDUM OF THE COURT

[1] On the 25th July 2014 the Lord Chief Justice made an interlocutory order in proceedings brought by the respondent, that required that vacant possession be given within 28 days, of the Tonga National Centre occupied by the appellants. On the 13th August 2014 the Chief Justice granted leave to appeal and stayed the possession order until further order.

[2] When the appeal was called Mr Piukala for the appellants advised that by consent the appeal was withdrawn. Mr Kefu for the respondent confirmed his consent and did not seek costs. The parties agreed to an extension of time to vacate the building to the 12th December 2014.

[3] The order of the Chief Justice is varied accordingly. The appellants must now vacate the Tonga National Centre on or before 12 December 2014. The appeal is otherwise dismissed.

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Salmon J

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Handley J

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Hansen J

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Tupou J