By Linny Folau

The Land Court has ordered Yong Chen to vacate a restaurant business he was operating unlawfully in a building on a town allotment in Vaini, after granting an eviction order in favour of the registered allotment holder.

The order was made by Justice Tupou, assisted by Land Assessor Fuiva Kavaliku, in a ruling delivered at the Land Court in Nuku’alofa on 12 February.

Soane Fehoko Pale, the plaintiff, is the registered holder of a town allotment situated at Vaini, Tongatapu. He told the court that the defendant, Yong Chen, was operating a business from the town allotment without his consent and sought an eviction order against him.

The court heard that the plaintiff gave evidence via audio visual link from Los Angeles, California. He is the eldest son of Kisione and ‘Asinate Lavea Pale. Kisione previously held the town allotment, described as land consisting of 39.1 perches situated at Vaini, under a Deed of Grant.

Kisione died in December 1991, after which ‘Asinate claimed the town allotment and held it under a widow’s estate until her death on 6 July 2024.

The plaintiff told the court he built the residence on the allotment and, during his late mother’s tenure, erected a building at the front of the family home. His mother operated a retail shop from one half of the building and rented out the other half to Western Union Money Transfer.

As ‘Asinate aged, the plaintiff’s younger sister, ‘Amelia Pale, returned to Tonga and took over the retail business. She had since returned to the United States and no longer communicated with the plaintiff.

The defendant was operating a restaurant from the portion of the building previously used as the shop. The plaintiff said he did not give the defendant permission to enter the allotment or to occupy his late mother’s shop.

The court inquired whether any letters of administration had been taken out in respect of the buildings on the allotment. The plaintiff stated that he built both the residence and the building currently occupied by the defendant. He confirmed that the defendant would only need to remove his cooking equipment and personal belongings, as there were no fixtures in the building that were not the plaintiff’s property.

The court was told that demands were served on behalf of the plaintiff for the defendant to vacate the allotment via letters from his lawyers on three occasions between June and July last year. The defendant disregarded those demands and remained on the property.

Senior Constable Penisimani Hafoka gave evidence that he served the originating summons and statement of claim on the defendant. He also attempted to serve notice of the formal proof hearing on 12 February at the allotment but was informed by another Chinese national known as Sione that the defendant was in China.

In delivering the ruling, the judge accepted the evidence of the plaintiff and his witnesses. “The court is satisfied on the balance of probabilities that the plaintiff has proven his claim and that the defendant is a trespasser.”

The court noted that the defendant did not take any steps to defend or participate in the proceedings after being served in August last year. Attempts to serve notice of the hearing were unsuccessful as he was reported to be in China.

“I am satisfied that the defendant was served with the notice of the formal proof hearing for yesterday and did not appear. Clearly it was not his intention to be here for that hearing. Pursuant to Order 6 Rule 1(3) even if he was present he is not allowed to be heard and proceeding with the hearing today will not alter the outcome as it is for the plaintiff to prove his case on the balance of probabilities.”

The court ordered the defendant to vacate the plaintiff’s building located on his town allotment in Vaini by 26 February 2026.

Should the defendant fail to vacate by that date, police are authorised to enter the premises, using necessary force if required, to remove the defendant and any persons claiming through him, along with their belongings. The defendant was also ordered to pay the plaintiff’s costs, to be taxed if not agreed.