Nginingini v Nginingini [2018] TOCA 18; AC 5 of 2018 (7 September 2018)

IN THE COURT OF APPEAL
LAND JURISDICTION
NUKU’ALOFA REGISTRY

AC 5 of 2018
[LA 16 of 2016]

BETWEEN : 1. ‘ALISI NGININGINI
2. ‘ILAISA NGININGINI OFOLANGA

- Appellants

AND : 1. LUPE NGININGINI
2. MINISTER OF LAND

- Respondents

Coram: Handley J
Blanchard J
Hansen J

Counsel: Mr. S. Tu’utafaiva for the Appellants
Mrs. P. Tupou for the First Respondent
Mr. ‘A. Kefu SC for the Second Respondent

Date of Hearing : 3 September 2018
Date of Judgment : 7 September 2018

JUDGMENT OF THE COURT

[1] By consent appeal from the orders of the Land Court made on 30 January 2018 dismissed with no order as to costs in this Court.

[2] The respondent Lupe Nginingini consents to the appellants Alisi and Ilaisa Nginingini applying to the Minister of Land for the approval of Cabinet to the grant by the appellant Ilaisa Nginingini to the appellant Alisi Nginingini of a lease for 30 years of 30 perches from Ilaisa’s town allotment Deed of Grant 314/19 surveyed so as to include the house currently occupied by Alisi Nginingini and the surrounding land.

[3] Liberty to apply to the Land Court.

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Handley J

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Blanchard J

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Hansen J