The Land Court of Tonga has ordered the removal of a fence at the centre of a land dispute in Neiafu, Vava’u.
The case involved Adrian and Emaluisa Manarangi, who hold Lease 7427, and neighbouring leaseholder Pafilio Tangitau, who holds Lease 6351.
The court found that Tangitau had erected a fence and other structures inside the Manarangis’ lease, a fact confirmed through multiple boundary surveys and supported by earlier Court of Appeal findings
The Land Court of Tonga has ruled in favour of Adrian and Emaluisa Manarangi in a long-running land dispute in Neiafu, Vava’u, ordering neighbouring Tangitau to remove a fence and several structures found to be unlawfully built on the Manarangis’ land.
The dispute concerned adjacent government leases along the Neiafu waterfront.
The Manarangis hold Lease 7427, originally granted to Moorings Ltd in 2006 and transferred to them in 2023, while Tangitau holds Lease 6351, registered in 1999.
The court confirmed that surveys and boundary markers clearly placed the fence and other developments inside Lease 7427.
Justice Tupou relied on earlier findings by the Court of Appeal, which confirmed that boundary mark V169, the point where Tangitau constructed his fence in 2021, lay within the Manarangis’ lease and had never been part of Tangitau’s land.
The Court of Appeal also found that Tangitau had no consent from Moorings Ltd and that any claims he made about assurances from the Minister of Lands were either time-barred or legally irrelevant.
Tangitau sought leave to file another amended defence, claiming he believed the disputed area formed part of his lease and that past actions, including his developments, gave him rights to the land.
However, the court dismissed this attempt, saying the proposed changes contradicted previous admissions, attempted to revive arguments already rejected on appeal, and would only delay proceedings.
Court Rejects Unsound Filing
Justice Tupou described the application as frivolous and prejudicial to the plaintiffs.
In granting summary judgment, the court found that the Manarangis had clear possessory title to Lease 7427 and that Tangitau’s fence constituted trespass.
The court said continuing trespass remained actionable and noted that the Manarangis only became aware of the encroachment when the Ministry of Lands confirmed the boundary survey results in January 2024.
Justice Tupou found no genuine factual dispute requiring a trial.
The court ordered Tangitau to remove the fence and any belongings from within Lease 7427 within 60 days of the ruling.
It also left open the possibility of further orders if the Manarangis pursue restoration of their land.
Costs were awarded to the plaintiffs for both the summary judgment application and their opposition to Tangitau’s attempt to amend his defence
