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Tonga Law Reports - [1974-1980] Tonga LR - Subject Index |
TONGA LAW REPORTS
1974 – 1980
EDITORS:
Professor Don Paterson
Department of Law
University of the South PacificHon. Mr Justice Nigel Hampton
Chief Justice of Tonga
INDEX OF SUBJECT MATTER
PAGE
APPEAL
Decision on matters of fact – principles to be applied by appellate court
92
Decision on matters of fact – should be reversed and case remitted for re-hearing if court has wrongly refused to admit evidence
107
Decision as to award of damages – principles to be applied by appellate court
92
Stay of execution pending appeal in cases for possession of land should not be granted if appellant has other accommodation to move to and case has gone on for long time.
105
CONTRACT
Contract Act does not prevent proceedings for conversion of assets of partnership created by oral agreement.
92
Oral agreement for occupation of land is contrary to s.13 Land Act and illegal, and will not be enforced by the courts
16
Release of person from liability under contract must be supported by consideration unless it operates as promissory estoppel
92
CRIMINAL LAW
Drug offences – principles of sentencing
60
DEFAMATION
Fair comment – must be statement of opinion not of fact – facts on which comment is based must be indicated.
Kingdom of Tonga and Editor of the Chronicle v. Matacle Innuendo must be pleaded
34
34
DIVORCE
Damages for adultery – modest not punitive
83
Division of property upon divorce – principles to be applied
83
Proof of adultery – must be proved beyond reasonable doubt
83
ELECTION
Elections not to be held invalid unless not substantially in accordance with law
22
Election Appeal Committee established under Legislative Assembly Act does not have jurisdiction to deal with claims as to invalidity of elections
22
ESTOPPEL
Holder of allotment who allows person to occupy and erect a building on his land is estopped from evicting the occupier from possession
15
EVIDENCE
Evidence rejected as hearsay was admissible
107
LAND
Agreement by Government to grant inheritable estate to noble not proved.
5
Allotment in excess of area permitted by Land Act valid if made prior to commencement of the Act
8
Allotment is excess of area permitted by Land Act void as to excess only.
1
Allotment of land can only be made to a person who is a Tongan citizen
101
Application for grant of allotment not to be determined solely by date of application
13
Claim to allotment barred by statutory time limitation, even although claimant unaware of grounds for claim
26
Claim to allotment must be supported by evidence of grant and registration – registration alone not sufficient
26
Decision by the King in Council with regard to Crown land conclusive
46
Decision of Land Court on matters of fact should be reversed and case remitted for re-hearing if Court has wrongly refused to admit evidence
107
Determination as to whether or not land is Crown land to be made by Land Court
46
Estoppel is a defence to claim for possession
15
Exchange of allotments – decision of Cabinet as to exchange of allotments is final and not justiciable by the courts except in case of fraud
31
Expiry of lease – no right of lessee to receive renewal
74
Grant of allotment cannot be made out of royal estate
13
Grant of allotment must be in accordance with promises of estate holder and Governor
20
Grant of allotment not invalid if grantee was not resident in the estate in which the allotment was granted
55
Grand of second allotment is void unless grantee succeeds to second allotment as son or grandson of deceased holder, in which case he can elect which allotment to hold
40
Limitation of proceedings – proceedings for possession cannot be brought if occupiers have been in adverse possession for more than 10 years
99
Oral agreement for the occupation of land is unlawful and will not be enforced
16
Oral grant of allotment prior to 23 August 1927 valid
8
Permit – when permit expires, grantee must give up possession of land notwithstanding age of grantee or improvements added to land by grantee
53
Posthumous registration at request of widow valid
87
Registration – effect of registration – registered transfer of land conveys good title notwithstanding existence of trust
64
Person permitted to occupy land cannot challenge the title of the person who permitted him to occupy the land
105
Person permitted to occupy land without a lease is only a licensee and can be required to move upon reasonable notice
105
Proceedings for the recovery of land, even though not an allotment or estate, must be brought in the Land Court not the Supreme Court
103
Registration not sufficient by itself to prove title to allotment
26
Registration of verbal grant prior to 23 August 1927 valid
8
Renewal of lease – no right of renewal where lease provides that lease is renewable if the lessor shall be willing to again lease the land, but the lessor is not willing to do so.
5
Right of son or grandson of deceased holder of allotment who is already the holder of an allotment to elect which to hold
40
Right of successor to succeed to full area of allotment
20
Setting aside by court of grant of allotment – principles applicable
58
55
Subdivision of allotment – can only be made in favour of certain member of family i.e. sons, grandson, brothers, nephews
43
Subdivision of excessive allotment – statutory requirements as to written notice directory not mandatory so that failure to comply does not invalidate subdivision
78
LEASE
Expiry – Land Act provides no right of renewal to lessee
74
Renewal – no right of lessee to renewal if lease provides that lease is renewable if the lessor shall be willing to again lease the land but lessor is not willing to do so.
5
74
LIMITATION OF ACTIONS
Claim to allotment statute barred even although claimant unaware of grounds for claim.
26
Proceedings for recovery of possession of land cannot be brought if occupiers have been in adverse possession for more than 10 years
99
Time runs from grant of letters of administration in respect of fraudulent inclusion of property within estate of deceased
10
Time limitation provisions only bar proceedings to enforce claim, but do not extinguish title
29
PROBATE AND ADMINISTRATION
Effect of deed of settlement upon administration of estate
64
Limitation period runs from date of grant of letters of administration
10
PRACTICE
Proceedings in Supreme Court should be commenced by writ of summons
103
REGISTRARTION
Effect of registration of land – registered proprietor can transfer good title regardless of trusts
64