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Tonga Law Reports - [1981-1988] Tonga LR - Subject Index |
TONGA LAW REPORTS
1981 – 1988
EDITORS:
Professors DON PATERSON
Department of Law, University of the South PacificHon. Mr Justice Nigel Hampton
(Chief Justice of Tonga)
INDEX OF SUBJECT MATTER
PAGE
ADMIRALTY ACTION
Owner may arrest own vessel
90
AGENCY
Shipping company – not an agent of the Government although its contractual obligations were guaranteed by the Government
7
APPEAL
Assessment of credibility of witnesses – not to be reversed by appellate court
116
Discretion of court appealed from – not to be reversed unless exercised on wrong principles or on irrelevant considerations or failure to consider relevant consideration
116
ARMS AND AMMUNITION
Importation – what constitutes importation of arms
43
Concealment of arms – what constitutes concealment of arms
43
ASSOCIATIONS
Companies – see separate listing
Voluntary association – breaches of rules – adultery not necessarily a disqualification for office of President of a religious association
53
Rule of voluntary association authorising expulsion of member seeking to investigate offers of association contrary to natural justice and of no effect
53
BAILMENT
Duty of care of bailee – onus of proof on bailee to show that duty of care complied with
61
CIVIL LAW ACT
Application in Tonga of English statutes: Guardianship of Minors Act 1971, England
107
Judicature Act 1875, England
119
Law Reform (Miscellaneous Provisions) Act 1934, England
127
Rules of Supreme Court of Judicature, England
119
CIVIL PROCEDURE
Interrogatories – jurisdiction of Supreme Court to issue
119
Judgment – interest on amount claimed may be awarded
127
COMPANY
Liquidation – proof of debt – where there is a voluminous mass of evidence it is correct for a court to adopt a broad overall approach to the assessment of evidence
17
CONFLICT OF LAWS
Court entitled to assume that law of Tonga is the same as that of a foreign country unless the contrary is proved
90
Matters of evidence and procedure to be determined by lex fori
90
CONSTITUTION
Clause 111 – not inconsistent with s.76 (e) Land Act
65
CONTRACTS
Arrears of rent owing under contract must be specifically pleased as special damages
90
Contract Act not applicable to contract made by company incorporated in Tonga
17
127
Contract not applicable to contract made between parties who are not Tongans
40
Deed of guarantee of obligations under a contract did not include arbitration award
7
Deed of guarantee of obligation under a contract does not extend to the contract which have not been consented to by the guarantor.
7
Party to contract alleging that other party intended to repudiate the contract must produce corroborating evidence
40
CUSTODY OF CHILDREN
Principles applicable upon divorce of parents
107
DIVORCE
Discretion of court to refuse decree not to be reversed on appeal unless exercised on wrong principles
116
Discretion of court to refuse decree should be exercised in favour of petitioner where marriage has clearly ended
121
Separation for 5 years or more – only available as ground for divorce if both parties lack intention to resume cohabitation
111
EQUITY
Principles of equity to be applied by Land Court where not inconsistent with Constitution or statute
O G Sanft and Sons v. Tonga Tourist and Development Co. Ltd., Hamilton and Minister of Lands
26
ESTOPPEL
Failure of predecessors in title to challenge unlawful reduction of allotment does not bind persons entitled to succeed
Minister of Lands, Ilavalu and Halaevalu v. Ilavalu and Ilavalu
1
EVIDENCE
Inadmissible evidence – if a party considers evidence is inadmissible that party should make objection and obtain a ruling from the court which can, if necessary, be reviewed on appeal.
O G Sanft and Sons v Tonga Tourist and Development Co Ltd, Hamilton and Minister of Lands17
GUARANTEE Deed of guarantee of performance of obligations under contract does not include arbitration award.
Reef Shipping Co Ltd v Prime Minister of Tonga7 Deed of guarantee of performance of obligations under contract does not extend to include obligations arising under subsequent material variations to the contract which have not been consented to by the quarantor.
Reef Shipping Co Ltd v Prime Minister of TongaIMPORT Firearms - what constitutes importation of firearms
Police Department v Trumer43 INTERROGATORIES Jurisdiction of Supreme Court to issue
Roberts v Bank of British Columbia119 JUDGMENT Interest on amount claimed may be awarded
Teta Ltd v Ullrich Exports Ltd127 Privy Council not bound by its own decisions
Ponitini v Fale, Kalanivalu-Fotofili, Minister of Lands97
LAND Allotment holder estopped from evicting person in occupation by reason of promise made by previous holder
Veikune v Toa138 Application for grant - must be considered by Minister
Taufa v Vilingia, Tupouto'a and Minister of Lands85 Application for grant - not required to be made to Minister personally
Tauelangi and Minister of Lands v Tauelangi123 Application for succession if made later than 12 months after death of previous holder should not be considered.
Taufa v Vilingia, Tupouto'a and Minister of Lands85 Cancellation of grant by Minister on the ground of Minister's lack of awareness of true facts
Fosita v Tu'ineau, Hon. Fielakepa, Minister of Lands105 Cancellation of registration of grant on the ground that Minister's decisions was made on wrong principles because of withholding of important facts from Minister.
Vea and Fotofili v Finau131 Cancellation of grant by Minister on ground that Minister's decision was based upon incorrect understanding of facts.
Tauelangi and Minister of Lands v Tauelangi123 Consent by estate holder to allotment - withdrawal of consent must be communicated to Minister of Lands
Fotofili v Fua101 Estoppel - failure of predecessors in title to challenge unlawful reduction of allotment does not bind person entitled to succeed
Minister of Lands, 'Ilavalu and Halaevalu v 'Ilavalu1 Estoppel - holder of allotment estopped from evicting occupier consented to by previous holder
Veikune v Toa138 Excessive size - allotment exceeding size permitted by Land Act 1927 was not unlawful if held prior to 1927 and may be succeeded to in its entirely after 1927.
Minister of Lands, 'Ilavalu and Halaevalu v 'Ilavalu and 'Ilavalu1 Excessive size - only surplus void, not entire grant
Ponitini v Fale, Kalanivalu-Fotofili, Minister of Lands97 Further grants of additional land to allotments only authorised by amendment to s7 Land Act in 1955
Ongosia v Tu'inukauafe and Minister of Lands113 Grant of allotment - after 1948 cannot be made verbally
Ongosia v Tu'inukuafe and Minister of Lands113 Grant of allotment - residence of grantee not necessary
Kaufusi v Taunaholo70 Grant of allotment - undisputed occupation and cultivation is evidence of grant
Latu v Moala, Kalanivalu and Minister of Lands134 Jurisdiction of Land Court and Privy Council to order registration of grant
Kaufusi v Taunaholo
Tauelangi and Minister of Lands v Tauelangi70
123Owner of land who permits another person to spend money in the development of the land in reliance upon the grant of an interest on the land by the owner cannot later claim that interest is not a good one.
O G Sanft and Sons v. Tonga Tourist and Development Co. Ltd., Hamilton and Minister of Lands26 Ownership - proof of ownership - registration not necessary or conclusive, nor lengthy occupation, nor endorsement of name on plan
Ongosia v Tu'inukauafe and Minister of Lands113 Ownership - proof of ownership - undisputed occupation and cancellation is evidence of grant
Latu v Moala, Kalanivalu and Minister of Lands134 Recovery of possession of allotment - proceedings must be brought in accordance with procedure prescribed by Part IV, Div III Land Act
Fotofili v Fua101 Renewal of lease - lessee must serve on estate holder written request for renewal in accordance with s36(i) Land Act
Nuku v Church of Jesus Christ of Latter Day Saints and Minister of Lands78 Rights of succession of tax allotment - younger sons of deceased holder's brother not entitled.
Fifita v Minister of Lands and Huahulu65 Surrender - proceedings barred by time limitation
Motuliki v Namoa Motuliki and Minister of Lands141 Subdivision of allotment of excessive size - should not be ordered in respect of allotment granted before coming into force of Land Act i.e. 23 August 1927
Latu v Moala, Kalanivalu and Minister of Lands134 Surrender of land - prescribed conditions for surrender must be complied with
Motuliki v Namoa Motuliki and Minister of Lands141 Surrender of land - waiver by heir of rights of succession
Kaufusi v Taunaholo70 LEASE Renewal - lessee must serve written request for renewal on estate holder in accordance with s36(i) Land Act
Nuku v Church of Jesus Christ of Latter Day Saints and Minister of Lands78 LIMITATION OF ACTION Time does not run in land cases during minority of plaintiff
Motuliki v Namoa, Motuliki and Minister of Lands141 Time runs from the time a right to bring the proceedings accrued to the person through whom the plaintiff claims
Motuliki v Namoa, Motuliki and Minister of Lands141 PIGS May be shot if found at large on road or public property, even although they have subsequently entered private property
Pelesikoti, Minister of Police and Government of Tonga v Tavake74 POLICE Civil liability - police liable in negligence if they incorrectly inform driver of vehicle that vehicle cannot be driven
Soakai v Taulua, Minister of Police and Government of Tonga46 Civil liability - police liable if they slap arrested person
Soakai v Taulua, Minister of Police and Government of Tonga46 Officer in charge of police station -s22 Police Act - officer who is in charge of that part of police station where routine police work connected with the public is carried on
Soakai v Taulua, Minister of Police and Government of Tonga46 PRACTICE Arrears of rent under a lease must be specifically pleaded as special damages
McGregor Consultant and Management Services Ltd v Kama90 PRIVY COUNCIL Not bound by its previous decisions
Ponitini v Fale, Kalanivalu-Fotofili, Minister of Lands97 REGISTRATION OF INTEREST IN LAND Cancellation of registration if based on wrong principles
Vea and Fotofili v Finau131 Cancellation of registration if based on inaccurate understanding of facts
Fosita v Tu'ineau, Hon Fielakepa, Minister of Lands
Tauelangi and Minister of Lands v Tauelangi
Vea and Fotofili v Finau105
123
131Cancellation of registration if application to succeed made more than 12 months after death of previous holder
Taufa v Vilingia, Tupouto'a, Minister of Lands85 Registration not necessary for, or conclusive of, title to land
Ongosia v Tu'inukauafe and Minister of Lands113 Registration may be order by Land Court and Privy Council
Kaufusi v Taunaholo
Tauelangi and Minister of Lands v Tauelangi70
123SUPREME COURT Jurisdiction to issue interrogatories
Roberts v Bank of British Columbia119 Jurisdiction to order payment of interest
Teta Ltd v Ullrich Exports Ltd127 No jurisdiction to make orders for procedure for appeal after judgment given
Polynesian Airlines Ltd v Moin61 TORTS Battery - liability of police for slapping arrested person
Soakai v Taulua, Minister of Police and Government of Tonga46 Damages - damages for physical injury not to be reduced because of provocation by plaintiff
Soakai v Taulua, Minister of Police and Government of Tonga46 Negligent statement - liability of police for incorrectly informing motorist that she could not drive her motor vehicle
Soakai v Taulua, Minister of Police and Government of Tonga46 TRAFFIC OFFENCES Issue of notice of intended prosecution does not cause driving licence to be suspended under s16 Motor Traffic Act
Soakai v Taulua, Minister of Police and Government of Tonga46
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