The Tokaikolo Church (Siasi Tokaikolo ‘ia Kalaisi) claimed back the ownership of church buildings on a property in Kolomotu'a that was being used by a break away congregation, after winning an appeal on March 26.

This appeal was against a Supreme Court decision made last year, which ruled that the break away church, Mo’ui Fo’ou ‘ia Kalaisi Fellowship had the better entitlement to the property (land and church buildings) and that a lease was to be granted to them.

However, the Court of Appeal found otherwise and ordered Mo'ui Fo'ou 'ia Kalaisi Fellowship to vacate possession of the land and buildings, which now must be given to the Siasi Tokaikolo, within 21-days.

"The Siasi Tokaikolo had the better right to the lease, and since the fundraising for the buildings was done in its name, it is their owner. The fundraising was authorized by the church and done on its behalf for the purpose of obtaining the lease and constructing the buildings, which was duly done,” the Appeal court stated.

The court also stated that procedural irregularities within the church and a failure to comply strictly with its constitution cannot mean that the church did not become and remain the owner.

"Nor do changes in the church's practices and doctrines prior to the time of the fundraising entitle the members of the fellowship to claim the title. Donors must have been well aware of those changes when gifting their money and labour to the church."

"In addition, an alleged doctrinal departure by the President of the Church since the dedication of the church building has not been established," stated the Court of Appeal.

The court then ordered that a lease mistakenly registered in the former name of the church, which Cabinet approved, be cancelled and should be removed from the register.

"There appears to be no reason why a lease should not immediately be issued to Siasi Tokaikolo by the Minister of Lands in accordance with a decision of Cabinet on September 5, 2007."

The church in Kolomotu’a was officially opened in 2009 by the President of the Tokaikolo Church, Rev. Dr Liufau Vailea Saulala.

It was affiliated with the Tokaikolo Church until 2013 when the majority of its congregation along with the minister, Kava Fa’oliu, joined the Mo’ui Fo’ou Fellowship led by a former Tokaikolo Church member Sione Maile.

The appeal was against Pohiva Tu’i’onetoa, Kava Fa’oliu, Sione Maile, Mo’ui Fo’ou ‘ia Kalaisi Fellowship and the Minister of Lands.