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Home > Appeal Court dismisses fellowship's claim to Tokaikolo property

Appeal Court dismisses fellowship's claim to Tokaikolo property [1]

Nuku'alofa, Tonga

Thursday, March 16, 2017 - 17:19

The Court of Appeal today dismissed an appeal by the Mo’ui Fo’ou ‘ia Kalaisi Fellowship and two others made against a Land Court ruling last year ordering them to vacate a property belonging to the Tokaikolo 'ia Kalaisi Church at Ha’ateiho.
 
The appellants Sione Maile, Sione Foliaki ‘Amanaki and Mo’ui Fo’ou ‘ia Kalaisi Fellowship, broke away from the Tokaikolo Church, the respondent in this case.

Hon. Mr Justice Moore, Hon. Mr Justice Blanchard and Hon.Mr Justice Hansen dismissed the appeal saying all grounds failed.

"The appellant is to pay costs in this Court to be taxed if not agreed."

The court heard from the appeal judgment that the appellants relied principally on statements made at the time by the leader of the Tokaikolo Church Rev Dr Liufau Vailea Saulala, that the church property was gifted to them. 

Alternatively, they said that by virtue of the statements and and the conduct of Tokaikolo’s representatives, an estoppel arises which would make it inequitable for Tokaikolo to assert its rights as owner. The appellants then resisted proceedings brought by the Tokaikolo in the Land Court to regain possession of the church property.

Lord Chief Justice O.G. Paulsen in a ruling on November 9, 2016 found against the appellants.

"He held there had been no gift and there were no grounds for an estoppel or any other basis on which the appellants could assert a right to the ownership of the church property."

He declared Tokaikolo as the lawful owner of and entitled to possession of the property and ordered the Mo’ui Fo’ou to vacate the property within 30-days from November 9, 2016.

The Minister of Lands was also ordered to register the lease of the property issued in 2012, in Tokaikolo's name.

The fellowship is the new church that grew out of the Tokaikolo Church branch, established at Ha’ateiho in July 2013 by Sione Maile, a church minister and former Secretary General of the Tokaikolo Church.

The second appellant, Sione 'Amanaki and others followed Maile and took possession of the property at Ha'ateiho that included not only the church itself but a residence, hall and a school.

Tonga [2]
Mo’ui Fo’ou ‘ia Kalaisi [3]
Tokaikolo Church [4]
Tonga Court Appeal 2017 [5]
appeal dismissal [6]
Land Court [7]
Sione Maile [8]
From the Courts [9]

Source URL:https://matangitonga.to/2017/03/16/appeal-court-dismisses-fellowships-claim-tokaikolo-property

Links
[1] https://matangitonga.to/2017/03/16/appeal-court-dismisses-fellowships-claim-tokaikolo-property [2] https://matangitonga.to/tag/tonga?page=1 [3] https://matangitonga.to/tag/mo-ui-fo-ou-ia-kalaisi?page=1 [4] https://matangitonga.to/tag/tokaikolo-church?page=1 [5] https://matangitonga.to/tag/tonga-court-appeal-2017-0?page=1 [6] https://matangitonga.to/tag/appeal-dismissal?page=1 [7] https://matangitonga.to/tag/land-court?page=1 [8] https://matangitonga.to/tag/sione-maile?page=1 [9] https://matangitonga.to/topic/courts?page=1