“There can be only one widow”, ruled the Tonga Land Court, when ordering that Vaiosina Kupu be registered as the lawful holder of a town and tax allotment in Ha‘atafu,

The land belonging to her late husband, had been granted by the Minister of Lands to another woman who also claimed to be the widow.

Sunia Finau (the late husband), the registered holder of these allotments, had passed away in Long Beach, California on July 15, 2017.

The court heard that Sunia had married Vaiosina in Hawaii on April 18, 1983 and had two legitimate children. They separated in 1989 but were never divorced. Vaiosina had not remarried.

In April 1997, Sunia then went through a ceremony of marriage with the plaintiff in this dispute, Hasata Piuleini Finau in Los Angeles, California. When Sunia died, Hasata submitted her claim for Sunia's tax and town allotments as widow.

The Minister of Lands approved her claims in August of the same year and she became the registered holder of the two allotments.

Vaiosina then filed a counterclaim against Hasata claiming to be Sunia's lawful widow and sought orders directing the Minister of Lands to cancel Hasata's registrations as unlawful and to register Vaiosina as the holder of the allotments.

Lawful

The President of the Land Court, Lord Chief Justice O.G. Paulsen in his judgment on October 23, said there could be only one widow.

He said Sunia was not free to marry Hasata under Tongan or Californian law, unless and until his marriage to Vaiosina was dissolved.

"The marriage was not dissolved. It follows that Hasata was never legally married to Sunia and did not have any rights under the Land Act to claim Sunia's town and tax allotments as widow upon his death. Her registrations were accordingly unlawful."

He said at the date of Sunia's death, Vaiosina was still lawfully married to him, albeit that they had separated. She was legally his widow and entitled under the Land Act to claim his tax and town allotments.

"I am satisfied (indeed it is now conceded by the Minister) that Vaiosina lodged her claim for the allotments within 12 months of Sunia's death in compliance with s. 87 of the Land Act. She is therefore entitled to be registered as the holder of the allotments."

Hasata's claim is dismissed and Vaiosina's counterclaim is allowed.

The Chief Justice ordered the Minister to register Vaiosina as the holder of the tax and town allotments formerly held by Sunia as widow under s. 80 of the Land Act.

The defendants are entitled to their costs against Hasata to be fixed by Registrar.

The court also heard that it is now accepted by the Minister that Siaosi (Sunia’s brother in law) had lodged this valid claim for the allotments on behalf of Vaiosina in September 2017, within 12-months of Sunia's death in compliance with s.87 the Land Act.

"Vaiosina is therefore entitled to be registered as holder of the allotments."