Fakafanua family argues in Land Court [1]
Saturday, March 29, 2008 - 17:41. Updated on Sunday, October 26, 2014 - 16:32.
The young Noble Fakafanua, the estate holder of Ma'ufanga, is in a legal dispute with his two uncles and four aunties over the ownership of the Fakafanua Centre property, in a hearing in the Land Court that will continue next week.
The prime commercial property at Ma'ufanga on Vuna Rd, opposite the Queen Salote Wharf, was formerly leased by Kalolaine Fakafanua, the grandmother of Noble Fakafanua.
The dispute arose when Noble Fakafanua claimed the ownership of the property after cancelling the lease of the Fakafanua Centre property following the death of his grandmother Kalolaine Fakafanua passed away in July 2007, and.
The plaintiffs, who are the noble's uncles Kisione and Paku Fakafanua, and aunties Si'atu Vaea , Polotu Paunga and twins Mele Tu'iha'angana and Ma'ata Paea, claimed it was not until September 2007 that they were aware that Fakafanua was claiming the rent from the tenants. When they inquired, the Ministry of Lands confirmed that the lease was indeed cancelled by the Tongan Cabinet on October 31, 2007, simply because their mother had passed away.
Therefore they are seeking a court judgement to declare this cancellation illegal as well as the current construction of a new ANZ Bank building on the property.
The case was heard in the Land Court on March 28 and it was presided over by Hon Chief Justice Anthony Ford and the Land Assessor George Blake. Also present in court yesterday were the defendants, Noble Fakafanua, the Minister of Lands, Hon. Tuita, and representatives of the ANZ Bank, and the Capella Construction Company.
Family business
Kisione Fakafanua, the first plaintiff, was called as the first witness by his legal counsel, Laki Niu. Kisione told the court that he is the second eldest son of the late Fakafanua Lelea 'a Fafine and Kalolaine, and that the Fakafanua Centre Property was established by his late father as a family business.
"My parents on numerous occasions discussed that everything would eventually go to the heir, my eldest brother Tutoatasi, but it was understood that the Centre would remain as a family business, for the rest of the children, so he registered the land in my mother's name, so to include the rest of the children," he said.
Kisione said after his father passed away in May 2004 the hereditary title Fakafanua title was passed to Tutoatasi and, "he wanted everything back including the centre, but Kalolaine did not accept it."
Fakafanua Tutoatasi then verbally agreed for the lease to remain with their mother and the eldest daughter Si'atu to continue managing the centre for the family.
Fakafanua Tutoatasi unexpectedly died in February 2006 and his eldest son, Fatafehi Kinikinilau succeeded him and became the current holder of the Fakafanua title.
Verbal agreement
Kisione told the court their mother died in July 2007 and after the funeral they had a family discussion with the young noble for the centre to remain in the family.
He said they planned to establish a family company to overlook the centre and to further develop it and all six siblings would have shares in the company and they invited the noble to join as seventh shareholder and he agreed.
Fakafanua went to New Zealand where he was residing at the time and later contacted Si'atu that he changed his mind and he would take over the management of the centre.
Kisione said that he and the rest of his sisters and a brother had made attempts to talk to Fakafanua but he was always busy, "so we thought the only way we could talk to him is to bring him to court."
The counsel representing the plaintiffs are Laki Niu.
The Senior Crown Counsel 'Aminiasi Kefu represents the Minister of Land.
Tevita Tupou, representing the defendants, presented a submission, which was backed by the Crown Counsel, for the case to be struck out, but the Chief Justice Anthony Ford responded for the hearing to proceed. The hearing will continue to next week.