Yang v Manoa [2013] TOLC 6; LA11.2013 (21 November 2013)

IN THE LAND COURT OF TONGA
NUKU'ALOFA REGISTRY
LA 11 of 2013

BETWEEN:

1. YUZHEN YANG
2. ZHUFU WEI
Plaintiffs

AND:

1. 'OLIONI MANOA
2. MATELITA MANOA
Defendants

Mr L. Niu for the Plaintiffs
Mrs P. Taufaeteau for the Defendants

RULING

1. On 14 June 2013 and on 10 September 2013 I made orders requiring the First Defendant to remove corrugated iron and other impediments which he had attached to the shop premises which, according to the Plaintiffs, had been led to her.

2. I made these orders to allow the shop to continue trading until the trial could take place at which time the Court would decided whether the Plaintiff had the right to stay in the premises or would have to go.

3. Unfortunately, the Defendant has refused to comply with my orders and has not paid the $500.00 fine imposed on him on 4th October 2013 for disobeying the orders of the Court.

4. Yesterday the First Defendant told me that he would rather go to prison than comply with my orders.

5. It must clearly be understood the orders of the Court are to be obeyed.

6. The First Defendant will go to prison for 28 days. The Chief Bailiff is instructed to remove the corrugated iron, chains and other impediments from the shop today.

7. The matter is adjourned for mention on 13th December 2013 and there will be liberty to either party to restore for further directions.

Dated: 21 November 2013.

PRESIDENT