The owner of a tax allotment in a Royal Estate at Kanokupolu on Tongatapu has won an appeal for the removal of a Hawaiian restaurant and resort on the site.

The appeal came from the Tongan Land Court concerning the rights to the allotment in a dispute between the appellant Tevita Tunufa'i Tukuafu and respondents Sione Tu'alau Latu and the Minister of Lands.

The Tongan Court of Appeal concluded today that the court does have jurisdiction and decided that the appeal by Tukuafu would be allowed, and a declaration be made that he is entitled to the tax allotment in dispute known as Vakaloa.

Tukuafu originally sought an order for the removal of the Hawaiian restaurant resort built by Sione Tu'alau Latu and an order for payment of profits.

The judgement noted that at the hearing the appellant's counsel, Laki Niu, indicated that if the appeal were to be successful it might be possible for some agreement to be reached between the parties on those issues. The court therefore adjourned the question of the remedy in this case to a future sitting to enable the parties to consider the matter further.

"In the meantime unless the first respondent chooses to vacate the land as sought by the appellant, the first respondent must pay a reasonable occupation fee. The matter is remitted to the Land Court to fix the amount of such a fee, unless agreement can be reached on it," the Court of Appeal decided.

The appellant was awarded costs.

Sione Tu'alau Latu was represented by Siosifa Tu'utafaiva, and the Minister of Land was represented by the Solicitor-General, Mrs 'Alisi Taumoepeau.