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Tonga Law Reports - [1990] Tonga LR - Subject Index |
TONGA LAW REPORTS
1990
Editors:
Hon. Mr Justice Nigel Hampton O.B.E.
(Chief Justice of Tonga)A publication of the Ministry of Justice
Nuku’alofa, Tonga
INDEX OF SUBJECT MATTER
PAGE
ADMINISTRATIVE LAW
Judicial review – procedure to be adopted
159
Judicial review – standing of applicant
159
Natural justice – applicability of principles to dismissal from office or employment
Palu v. Commodities Board of Tonga
Commodities Board of Tonga v 'Uta'atu
28
92
99
121
APPEAL
Decisions as to assessment of damages – principles applicable
139
58
Decisions as to matters of fact – principles applicable
136
Grounds of appeal
- failure of counsel to conduct case in accordance with Client’s instructions not ground for appeal
Gilpin v. Fua & Lawton Construction Ltd
- failure of court to deal with issues raised by pleadings ground for appeal
- must be raised in court below or notice of appeal
55
53
50
Leave to appeal out of time – principles applicable – conditions
153
Remission of case to lower court – not appropriate
181
BILLS OF EXCHANGE AND PROMISSORY NOTES
Contract Act not applicable
145
BIRTHS, DEATHS AND MARRIAGES REGISTRATION
Cancellation of registration – principles applicable
124
CIVIL PROCEDURE
Interim injunction – principles applicable
170
35
Judgment – enforcement by charging order
133
Judgment – enforcement by distress
'Alatini v. Church of Jesus Christ of Latter Day Saints & Muti
1
Stay of execution of Judgment pending appeal
114
Particulars to be included in claim for unpaid income
181
Striking out – sufficiency of pleading
159
Summary judgment under Order 14 RSC England
143
CONSTITUTION
Clause 50 – disqualification from election
68
148
Interpretation – principles for interpretation
68
148
Texts – conflict between English and Tongan texts
68
148
CONTRACT
Breach of contract
23
Conflicting agreements – former in time prevails
50
Creation of contract – necessary elements
174
108
Employment – contract of employment – dismissal
Tu’itupou v. Tonga Water Board
99
28
15
Enforceability of contract – Contract Act
23
174
Fundamental Breach
15
Pledge – contract of pledge – elements and effect
'Alatini v. Church of Jesus Christ of Latter Day Saints & Muti
1
Specific performance
108
Terms – Implication of terms
108
CRIMINAL LAW
Manslaughter by negligence
201
CRIMINAL PROCEDURE
Interview of suspect
201
Judges Rules – not applicable in Tonga
118
DAMAGES Adultery - principles for award and assessment
'Afa v. Tali & Sika184 Assessment - customary gifts to be taken into account
Kaufusi v. Lasa, Kepu, Minister of Police139 Appeals from assessments of damages - principles applicable
Kaufusi v. Lasa, Kepu, Minister of Police139 Defamation
Manu v. Haidas & Editor of Tonga Chronicle17 Exemplary damages - whether appopriate
Tu'itupou v. Tonga Water Board99 Exemplary damages - principles applicable
Kingdom of Tonga v. Mokofisi58 General damages - whether appropriate
Tu'itupou v. Tonga Water Board99 DEFAMATION Damages - principles of assessment
Manu v. Haidas & Editor of Tonga Chronicle7 Elements of liability
Manu v. Haidas & Editor of Tonga Chronicle7 DIVORCE Damages for adultery
'Afa v. Tali and Sika184 ELECTION Disqualification from election
Fuko v. Vaikona
Vaikona v. Fuko (No. 2)148
68Election offences - making a fase declaration not an offence
Vaikona v. Fuko64 Election offences - bribery, corrupt and illegal practices
Fasi v. Pohiva79 Election petition - burden of proof
Fasi v. Pohiva79 Election petition - stay of execution pending appeal
Vaikona v. Fuko (No. 3)114 Supervisor of elections - no power to disqualify candidates
Sanft & Fuko v. 'Aho & Kingdom of Tonga35 EMPLOYMENT Dismissal with notice
Palu v. Commodities Board of Tonga28 Dismissal without notice
Tu'itupou v. Tonga Water Board99 Dismissal from public office - principles of natural justice applicable
Commodities Board of Tonga v. 'Uta'atu
Tu'itupou v. Tonga Water Board92
99Suspension without pay
Masiwawa v. Tupouniua15 ESTOPPEL Defence to claim for possession of land
Motuliki v. Namoa, Motuliki & Minister of Lands61 Defence to claim only, not cause of action
Motuliki v. Namoa, Motuliki and Minister of Lands61 EVIDENCE Criminal proceedings - record of interview not signed
R v. Kitekei'aho & Tonga201 Confession - not unfair
R v. Kitekei'aho and Tonga201 Election petition - burden and standard of proof
Fasi v. Pohiva79 Income tax claims - who should give evidence
Commissioner of Inland Revenue v. To'ofohe181 INCOME TAX Claims - S76 Magistrates' Court not applicable
Particulars to be included in claim for possession
Commissioner of Inland Revenue v. To'ofohe181 LAND Contracts - two conflicting contracts - former in time prevails
Makoni v. Koloamatangi & Filipe50 Enforcement of judgment by charging order over land
Intracor Trading Co. (NZ) Ltd. v. Finau133 Estoppel as defence to claim for possession
Motuliki v. Namoa, Motuliki and Minister of Lands61 Limitation of action
Motuliki v. Namoa, Motuliki and Minister of Lands61 Registration - cancellation - principles applicable
Moa v. Faka'osita, Afu Ha'alaufuli, Deputy Minister of Lands195 Surrender of allotment - limitation of action
Motuliki v. Namoa, Motuliki and Minister of Lands195 LIMITATION OF ACTIONS Infant - accrual of cause of action
Motuliki v. Namoa, Motuliki and Minister of Lands195 MORTGAGE Equitable mortgage - incorrect description of subject matter
'Alatini v. Church of Jesus Christ of Latter Day Saints & Muti1 Equitable mortgage - subject to enforcement of court judgments
'Alatini v. Church of Jesus Christ of Latter Day Saints & Muti1 NATURAL JUSTICE Applicability of principles to dismissal of officer or employee of public body
Commodities Board of Tonga v. 'Uta'atu
Palu v. Commodities Board of Tonga
Tu'itupou v. Tonga Water Board
Uikelotu v. Tonga Water Board92
28
99
121PARTNERSHIP Creation - intentions of parties
Murti v. Afeaki & Kaitapu188 Duties of partners - utmost good faith
Murti v. Afeaki & Kaitapu188 Termination - any partner may terminate without notice
Murti v. Afeaki & Kaitapu188 Termination - assets to be disposed of in accordnace with Parnership Act 1890 UK
Partnership Act 1890 UK
Murti v. Afeaki & Kaitapu188 PRACTICE Engagement of overseas counsel - taxation of costs
'Uta'atu v. Commodities Board of Tonga (No. 2)48 PROPERTY Joint ownership - proof
'Alatini v. Church of Jesus Christ of Latter Day Saints & Muti1 QUANTUM MERUIT Storage and Export Trading Co. Ltd v. Tu'ipulotu 174 REGISTRATION OF LAND Cancellation of registration - principles applicable
Moa v. Faka'osita, Afu Ha'alaufuli, Deputy Minister of Lands195 STATUTES English statutes - applicability in Tonga
Charging Orders Act 1979 UK -
Intracor Trading Co. (NZ) Ltd v. Finau133 Order 53, RSC Eng -
'Akau'ola & Kingdom of Tonga v. Pohiva159 Partnership Act 1890 UK -
Murti v. Afeaki & Kaitapu188 Representation of People Act 1983 UK -
Fasi v. Pohiva79 TORTS Deceit - elements of liability
Ackerman v. Muti23 Defamation - elements of liability
Manu v. Haidas and Editor of Tonga Chronicle7 Unlawful arrest and detention
Kaufusi v. Lasa39
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