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Soakai v Taulua [1983] TOPC 1; No 06 1983 (1 January 1983)

IN THE PRIVY COUNCIL
KINGDOM OF TONGA

APPEAL NO 6/1983
(Supreme Court Case No 163, 165 of 1982)

BETWEEN:

LATA HELEN SOAKAI (Ma'ufanga)
APPELLANT

AND

1. ULUI TAULUA (Ngele'ia)
2. MINISTER OF POLICE (Nuku'alofa)
3. GOVERNMENT OF TONGA (Nuku'alofa)
RESPONDENTS

JUDGMENT

Appellant brought three separate actions against the respondents. These actions were consolidated and heard together. The fact that there are three different defendants is unimportant because, if, in respect of any matter claimed, liability in damages is established, the Government of Tonga accepts liability because all acts complained of have been done in the course of duty by servants of the Crown.

It is important to note the three separate claims which were made. They are:

1. Action No 163 claimed of $1,000 damages for alleged unlawful interference with appellant's right to use her chattel, namely, a motor car.
2. Action No 164 claiming the sum of $2,000 for an alleged assault.
3. Action No 165 claiming the sum of $5,000 for false imprisonment.
   

Appellant was awarded the sum of $600 in action No 164 but she failed in her claims in respect of Action No 163 and action No 165.

On July 13, 1982 appellant was involved in an accident with her car. She reported the accident to the Police who gave her a notice that it was intended to prosecute her with an offence in respect of that accident. Only July 20 appellant returned to the Police Station concerning her driver's licence. Appellant was about to drive her vehicle away when Corporal Ului forbade her to do so. Appellant became angry and made what was called an extremely rude and vulgar remark to the police officer. According to the finding in the Supreme Court the Police Officer informed appellant that she was being put under arrest for using obscene language to a police officer. Appellant walked rapidly away - her hat fell off but she did not pick it up. She apparently went across the road to the Central Registry which was her place of work.