The Mo’ui Fo’ou ‘ia Kalaisi Fellowship (Mo’ui Fo’ou) has been ordered to hand back property to the Tokaikolo church from which it broke away in 2013.
The president of the Land Court, Mr Justice Paulsen, ordered the Mo’ui Fo’ou to hand back property in Ha’ateiho in July 2013.
“I have rejected all the defences of Mo’ui Fo’ou,” the judge said.
He ordered that Mo’ui Fo’ou, its agents, employees and servants leave the property within 30 days.
However, he also said that Tokaikolo should have tried to reclaim the property earlier.
At the time of the split, Tokaikolo members who would not join Mo’ui Fo’ou were told to leave.
The court president said Mo’ui Fo’ou knowingly and unlawfully took the Ha’ateiho property from Tokaikolo. It never had any right to the property.
Work on the original Ha’ateiho property began in 2000 with work on building the church and residence. They were ready for dedication by December 2003.
A school building, school toilets, showers, play ground and fence were built between 2004 and 2007. The school building opened in 2008. The church hall was built between 2008 and 2010.
The court president said Mo’ui Fo’ou knowingly and unlawfully took the Ha’ateiho property from Tokaikolo. It never had any right to the property.
Mo’ui Fo’ou did some work on the property and continued even when it was aware that Tokaikolo wanted to reclaim the land.
In his judgement, Mr Justice Pauslen said that Tokaikolo was entitled to possession of the Ha’ateiho property and was the lawful owner of the buildings and improvements on the property.
He ordered costs against Mo’ui Fo’ou ‘ia Kalaisi Fellowship.
He ordered the Minister of Lands to register the lease of the Ha’ateiho property to Tokaikolo.
The main points
- The Mo’ui Fo’ou ‘ia Kalaisi Fellowship (Mo’ui Fo’ou) has been ordered to hand back property to the Tokaikolo church from which it broke away in 2013.
- The president of the Land Court, Mr Justice Paulsen, ordered the Mo’ui Fo’ou to hand back property in Ha’ateiho in July 2013.
- He also ordered that Mo’ui Fo’ou, its agents, employees and servants leave the property within 30 days.
- The property included a church, hall, residential and school buildings.
