A two decade long land dispute between two brothers ended last Tuesday 6 March after the Tonga Land Court dismissed the rights of the older brother (The Plaintiff) to re-claim two plots of land that he legitimately inherited because he had taken too long to take legal action against his youngest brother and nephew who had illegitimately re-registered the lands in their name.

According to the ruling by Justice O.G Paulsen, the plaintiff moved to New Zealand in 1975 and was given two plots of land in Ha’ateiho from his late father who passed away in 1978. In 1982, one of the plots of land was illegitimately re-registered by the plaintiff’s nephew. The second plot was also fraudulently re-registered in 1992 by the plaintiff’s youngest brother.

Despite knowing about what had occurred, the plaintiff did not commence legal action until May 2017, about 25 years after his brother took the land in 1992 and 35 years after his nephew took the land in 1982. As a result of the length of time, the plaintiff was ineligible to take legal action because he was “time barred” in accordance to Tongan Land Laws.

According to Section 170 of the Tongan’s Land Act: “No person shall bring in the Court any action but within 10 years after the time at which the right to bring such action shall have first accrued to some person through whom he claims, or if such right will not have accrued to any person through whom he claims then within 10 years next after the time at which the right to bring such action shall have first accrued to the person bringing the same.”

Justice Paulsen concluded: “The Court has long held that lack of knowledge and mistake as to the existence of a cause of action are not grounds for postponing the commencement of the limitation period under the Land Act…”

“Furthermore, the doctrine will not apply to postpone time running when a plaintiff ought to have discovered his right of action by exercising reasonable diligence…”

“The plaintiff’s claims are plainly time barred. The plaintiffs action is struck out in its entirety.”