The Land Court has resolved a dispute over a block of land that has pitted a widow and her daughter against her in-laws in a case that has dragged on for nine years.
The case was heard before Mr Justice M. D. Scott, KC, and Madam Assessor Salote Fukofuka.
In 2007 ‘Elane Fetaiakimoeata Tu’akoi (Fetaiaki) died and his widow, Mafi Tu’akoi registered her life interest in the allotment. She built a house on the allotment where she and her adopted daughter, ‘Alilia Huni with their family lived.
The following year Cabinet approved Mafi Tu’akoi application to surrender her interest in the allotment. This meant the land would revert to the Crown and her daughter intended to then seek to lease the land in her own name.
Soon after Cabinet’s decision was gazetted, ‘Elane’s sister Satua and brother Siale, who already held their own town allotments, wrote to the Minister, describing the widow’s request to surrender the land as “unlawful, unconstitutional and ungodly.”
They asserted that ‘Alilia was not their brother’s daughter and demanded that the land “revert to the family that the property belongs to.”
In 2009 Siosiua Tu’akoi, another brother of Satua and Siale told the Minister he wanted to surrender his own town allotment at Ngele’ia.
He said this would mean he would be able “become heir for my older brother Fetaiaki Tu’akoi’s town and tax allotment at the time his widow remarries or dies because they have no legitimate male children or legitimate female children.”
Between about 19 and 28 November 2009 the Minister received no fewer than eight applications from close relatives of Fetaiaki, including a sister, an illegitimate daughter and four nephews, for the land either to be granted or to be leased to them.
Satua Tu’akoi and Siosiua Tu’akoi lodged a writ in which they claimed that Mafi Tu’akoi and ‘Alilia Huni had “practically alienated the allotment from the blood family of the deceased.”
They claimed that the Cabinet’s decision to approve Mafi’s application breached the rules of natural justice because the Minister had not consulted them, “their brothers and sisters or nephews and nieces” before the cabinet made its decision.
The plaintiff’s claims were denied. In their report, Mr Justice Scott and Madam Fukofuka said it would have been impractical to talk to all family members, particularly as most of them lived overseas.
They said the land was not alienated because Fetaiaki’s wanted the land to be given to his daughter.
There was no identifiable heir to the land apart from the widow since Fetaiaki’s surviving brothers already had registered town allotments. Neither Satua Tu’akoi or Siosiua Tu’akoi was able to advance any claim to be the legal successors to the land and the claimants had no right to lodge their challenge.
No claims had been submitted until two years after the deadline for challenging the Cabinet’s decision had expired.
The main points
- The Land Court has resolved a dispute over a block of land that has pitted a widow and her daughter against her in-laws in a case that has dragged on for nine years.
- In 2007 ‘Elane Fetaiakimoeata Tu’akoi (Fetaiaki) died and his widow, Mafi Tu’akoi registered her life interest in the
- The following year Cabinet approved Mafi Tu’akoi application to surrender her interest in the allotment.
- ‘Elane’s sister Satua and brother Siale lodged a writ to have the decision overturned, but this has now been dismissed.
