Litigation

Page Of Tongan

History

Decision In Lengthy Land Litigation

From Our Own Correspondent

Nukualofa. Oct. 12.

T“*HE dispute between the Noble, Kala * niuvalu of Labaha, one of the promi nent chiefs of the Kingdom, plaintiff (represented by Moulton Finau), and the Crown, defendant (represented by the Minister for Lands —the Hon. Ata), over the ownership of the villages of Hoi, Makauga and Nukuleka, in Tongatabu, was decided in the Land Court to-day.

The decision was in favour of the defen dant.

Noble Kalaniuvalu claimed that these villages belonged to the Tu’itoga, whose headquarters were at Labaha, having been originally occupied by his retainers, mostly fishermen, for centuries; and, being the direct descendant and head of the Tu’itoga family, he was entitled to hold them by right of heredity as part of his estate, Labaha.

In delivering judgment, the Court held that it was not disputed that King George Tubou I. dispossessed the Tu’itoga of both title and land. Therefore, the first Kalaniuvalu (son of the last Tu’itoga, Laufilitoga) had, at the time the Constitution was granted in 1875, no title or estate which could be confirmed to him, like other chiefs. King George

Tubou I. accordingly conferred a title as noble on Kalaniuvalu, and made him a grant of land for an estate. This was a new title with a new grant of land.

The court, therefore, was of the opinion that the plaintiff was not entitled to the land claimed.

The case had occupied some time and the evidence brought forth some interest

ing facts on the history, customs and traditions of the Tongans. Much light was thrown on the relative positions of the Tu’itoga, Tu’iha’atakalaua and Tu’ikanokubolu dynasties, and their rules, as well as on the old system of communal ownership of property, and the extra ordinary power the chiefs had over com moners and their possessions.