By Linny Folau

Vaka Lau’i was ordered to vacate a town allotment situated at Leimatu’a, Vava‘u, known as ‘Keeni Uluakimana’ because his occupation of the land was unlawful, the Land Court ordered.

The allotment is registered in the name of the plaintiff, Monuina Ma’u Kata, who never gave permission for the defendant Vaka Lau’i to occupy the land.

Justice Tupou with (Land Assessor, Sinilau Toumo’ua) in a ruling on 20 September ordered the defendant to vacate the allotment, after the plaintiff applied for judgment at the Land Court, Vava’u Registry. This was after the defendant claimed that the estate holder’s son, Viliami Latu gave him the land. The estate holder is Fotu.

“The defendant cannot rely on the estate holder’s son’s permission to occupy the land. He is not the estate holder and has no right to dispossess an allotment holder on his father’s estate other than in a manner provided by the Land Act.”

It was alleged that the defendant has unlawfully occupied the allotment and the plaintiff sought a declaration that the defendant’s occupation was unlawful as well as an order for his eviction.

The judge stated that after service of the proceedings upon him, the defendant had not taken any steps or engaged in the proceedings. He has had notice of the hearing today and Counsel, Miss Lilika Fonua attended on his behalf.

The plaintiff, Monuina Kata is the registered holder of the town allotment known as ‘Keeni Uluakimana’ at Leimatu’a consisting of 30.0p and all the land contained in Deed of Grant 474/57.

The court heard that this land adjoins Sione Ma’u’s registered tax allotment. Sione Ma’u is Monuina’s late father.

The estate holder of Leimatu’a is Fotu. Monuina’s grandfather and father had fenced off his tax allotment, including the land subject of this claim, and farmed all of it. Sione Ma’u and Monuina, after his grandfather’s death, continued to farm the area and maintained the fence at all times.

A cemetery was positioned between the town and the land. In 2014, Fotu required a part of the land as an extension of the cemetery. Monuina removed part of his fence and crops for the extension of the cemetery.

Monuina then applied to register the land as his town allotment that same year. Polotu Lomu Kilioni, the Land Registrar at the Ministry of Lands, Neiafu confirmed that Monuina’s application was filed on 28 October, 2014.

The survey fees were paid on 28 October, 2014. Ms. Kilioni produced a savingram dated 13 April, 2015 that was signed by the late Lord Ma’afu in his capacity as Minister of Lands accepting Monuina’s application and directing for work to be completed and a map be drawn to be registered in Monuina’s name upon completion.

The allotment was finally registered on 23 November, 2023. A copy of the Deed of Grant was produced with the second page attached, after the trial, as requested from the bench. In answer to a question from the bench, Ms. Kilioni confirmed that there were no other applications for the land before the Minister, stated the judge.

Then in 2017, Monuina authorised, ‘Ofa To’a to farm the tax allotment and the land. In 2018 Monuina and his family migrated to the United States of America.

In 2022, ‘Ofa informed Monuina that the defendant had erected a corrugated iron shed and moved onto the town allotment claiming that Viliami Latu, the estate holder’s son, had given him the land.

“There are no blood ties between Monuina and the defendant. Monuina did not give him permission to be on his land. On 24 March, 2024, Monuina, through his lawyer, requested that the defendant to vacate his land but he refused.”

The judge ruled that he was satisfied that Monuina was granted the land and was in possession of it on or about 13 April, 2015, when the Hon. Minister signed the savingram.

“All of these factors are present in this case. I adopt and follow that view and find that the Minister did make a grant of the Land to Monuina on 13 April, 2015.

“At that point he qualified as the holder of the land. The defendant cannot rely on the estate holder’s son’s permission to occupy the land. He is not the estate holder and has no right to dispossess an allotment holder on his father’s estate other than in a manner provided by the Land Act.

“Monuina has never given the defendant permission to occupy the land. I am satisfied that demand had been made on the defendant to vacate and he has refused. He is presently a trespasser on Monuina’s land.”

Damages were claimed but no evidence was called and therefore no award for damages was made.

The judge then declared that Vaka Lau’i’s occupation of the town allotment situated at Leimatu’a consisting of 30p known as “Keeni Uluakimana” registered in the name of Monuina Kata, on 21 November, 2023 was unlawful.

Vaka Lau’i was ordered to vacate Monuina’s town allotment known as ‘Keeni Uluakimana’ and to remove from there all of his possessions including any corrugated iron shed and water tank he may have erected on the land and restore the land to its original condition as before his occupation.

Meanwhile, the plaintiff was entitled to his costs to be taxed if not agreed.