Aunt evicted off nephew’s land [1]
Monday, April 16, 2018 - 18:09
The Land Court of Tonga has ordered a woman to vacate and remove her possessions from her nephew’s town allotment in Ma’ufanga.
This was the second action between Siosifa Palelei the plaintiff and his aunt Lata Lenati (53) heard before the Lord President of the Land Court, Owen Paulsen who made a ruling on April 3.
He said Siosifa’s claim is successful and issued an order granting him possession of the town allotment.
The court head that Siosifa had not acquired this allotment from his father Paula as he was not the heir. He had only applied for the land once it had reverted to the estate holder and anyone else could have applied for the land.
Continuous court battle
In the first action, the aunt had challenged the grant of the town allotment to Siosifa by the Minister of Lands.
A ruling on August 7, 2017, the Lord President directed the Minister to cancel Siosifa’s grant and make a fresh decision on his application for this town allotment, after giving the aunt an opportunity to be heard.
The Minister cancelled the grant and heard from both Lata and Siosifa. He then later issued a fresh decision granting the allotment again to Siosfa.
Lata was required to vacate the allotment but she refused to leave, which led to this action.
The Lord President said for the aunt to succeed against her nephew, she would need to establish that he acquired his interest in the allotment from Paula (Lata’s half brother and Siosifa’s father) with knowledge of the circumstances that give rise to her entitlement to remain on the land that it is unconscionable for him to assert his legal rights and evict her.
“None of these requirements could be established in the case.”
He said there was nothing to suggest that Siosifa knew that Lata held a belief that she could remain on the land for life.
The story began with Siaosi Palelei, who had two daughters by his first wife and four daughters by his second wife. Lata was the second daughter in his second marriage.
Siaosi also had an illegitimate son named Paula. Siosifa is the youngest of Paula's three sons.
The court heard that Siaosi had made an agreement with Paula to exchange lands where the land in dispute was given and registered under Paula’s name in 1986.