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Tonga Law Reports - [1923-1962] Tonga LR - Subject Index |
TONGAN LAW REPORTS
VOLUME II
REPORT OF LAND COURT CASES 1923 – 1962
PRIVY COUNCIL DECISIONS 1924 – 1961
EDITOR:
D.B. HUNTER B.A. LL.B. (Syd.)
Judge of Supreme Court of Tonga
INDEX
PAGE
ACTION:
Application to Supreme Court for:
(1) an audit of Churchs’ books, granted and
(2) dismissal of the President, refused:
216
Tort, claim against the Government in:
211
Assault – no necessity for prior police prosecution Quantum of damages:
219
ALLOTMENTS
Subsequent grant of Town allotment previously given by Noble’s predecessor – Land registered – First grant prevails – Title of Registered holder paramount:
30
Grant of Town allotment without Minister’s approval invalid:
36
Subdivision of allotment in excess of statutory area:
70
Widow’s life estate – allegation of adultery – Claim must be bona fide:
45
Adultery of widow – steps to be taken:
70
Town allotment – Evidence of title – Presumption of genuiness of documents – Costs against Minister:
47
Registration of Town allotment before 1927 unnecessary – grant without Tofi’a holder’s consent in valid:
53
Direction by Minister that allotments of only 5 acres be granted in Ha’apai:
56
Subdivision of allotments in excess of statutory area – Who is entitled to a lease:
58
Simultaneous applications – To whom should grant be made:
60
Surrender of allotment – Half brother of same mother but a different father not a “brother” within the meaning of S.75 of Land Act:
64
Notice of claim by heir – Affidavit not necessary:
93
130
Subdivision of allotment in excess of statutory area: No notice to holder:
95
Devolution of allotments – Election by heirs – Claim to be lodged within 12 months – Tongan custom – Estoppel:
96
Registration – Deed of Grant – Entry on Plan – verbal application :
99, 159
Simultaneous applications – Minister’s discretion – Decision by throwing dice:
102, 151
Registration not only test of ownership – Widow’s life estate – Husband died 1931 – Notice by widow not required:
104, 153
Entries in Register conclusive except for fraud or mistake:
107
Widow’s allotment – Proof of adultery – Limitation of action:
109
Registration of allotments – Minister’s discretion Disagreement between Judge & Assessor:
111
Subdivision – no written notice to holder – Tongan Custom – Court not bound by technicalities:
113
Devolution of allotments – Election by sons and grandsons :
119
Grant of town allotment by Estate holder before 1927 – Grant by Minister not necessary:
121
Registration of tax allotment – Mistake in the Register altered by the Court:
126
Town allotment – Unregistered holder before 1927 – Registration not essential – Minister has no power to order subdivision of town allotments – Reopening case for further legal argument:
132
Grant of allotment by Minister not to be set a side unless grant made on wrong principles:
157
Estate holder signed both Plaintiff’s and Defendant’s application – What Minister should consider in granting applications:
167
Widow must lodge claim within twelve months from husband’s death:
169
Right of election applies only to sons & grandsons irrespective of date of registration:
172
Lost Deed of Grant – affidavit under S.101 of Cap.43 – not necessary to file affidavit within twelve months – Legitimacy of birth during marriage of parents conclusive in absence of evidence of non-access:
175
ADMINISTRATION OF ESTATES
Possession evidence of ownership:
200
APPEAL
Grounds of appeal must be set out in notice of appeal:
165
205
Procedure to be adopted on death of appellant before hearing:
171
No right of appeal from Supreme Court sitting in appeal from Magistrate:
210
CHURCH LANDS
Amalgamation of churches – ownership of lands:
8, 136
CONTRACTS
Agreement registered by leave of Judge seven months after execution, good:
206
Agreement not registered – registration unnecessary:
198
Calling attesting witness
191
Estoppel by conduct
215
DIVORCE
Deserting party entitled to present petition for dissolution on ground of five years separation.
186
EVACUATION ACT 1947
Compensation for interference with business
187
HUSBAND & WIFE
Joint property
208
LAND COMMISSION 1917
Findings invalid
40
LEASES
Leases are personal property
32
Rents can be bequeathed by will
70
LIMITATION OF ACTION
Limitation section (S.147) applies to Nobles
116, 161
When time starts to run
Halafihi v. Kalaniuvalu (55); Halafihi v. Kalaniuvalu (149)
55, 149
TAXATION OF COSTS
Taxation impossible without scale of costs
203
TITLES OF NOBLES
Claim may be brought in Supreme Court:
116, 161
LAW OF SUCCESSION
Right of Land Court to deal with Nobles’ titles
10
TOFTA
Claim to Tofi’a – Law of Succession – Legitimacy – The Constitution:
13
Tracing an inheritance – 1875 the starting point – Full blood referred to half blood.
74, 150
Grant of land to Noble invalid without concurrence of Privy Council
18
Claim to Tofi’a – Tongan custom – marriage before 1875 – King bound by Constitution
22
What must be proved – Illegitimacy – Tongan marriages – Tongan custom
26
What is meant by “next male heir” in S.41 Cap. 27 (1928 Laws)
66
“Legitimate male issue” – Land Court bound by Privy Council decisions
78
Claim to title – adopted son – Tongan custom – Advice of Assessor
83
Claim to title: King’s presence unnecessary at appointment – Letter of appointment – Tongan customs
86
Hereditary titles – adopted sons – Inheritance to be traced from prior to grant of H.M. Tupou I – 1935 Amendment to Clause 107 of Constitution does not have retrospective operation
128, 178
Titles to be traced from grant by H.M. Tupou I – Limitation of action applies to Nobles
143
150
Tofi’a regularly granted by H.M. Tupou I cannot be altered at whim of succeeding sovereign
6
WOMEN’S SOCIETY
Claim by members of society for the return of moneys contributed by them for the erection of a Society house
193
WRONGFUL DISMISSAL
Claim against Deputy Premier & Acting Minister of Police by two policemen for wrongful dismissal
196
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