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Nelu v Simeona [2014] TVHC 11; Land Appeal 05.2013 (21 February 2014)

In The High Court of Tuvalu
HC. Land App. case no. 5/13
At Funafuti

Lands Appellate Jurisdiction

Between:

Tenene Nelu
Appellant

v

Mate Simeona
Respondent

BEFORE THE JUDGE

Mr. Isala T Isala for the appellant.
Ms. Laigane Italeli for the respondent.

This matter has a long and complex history going back to 2002 on 2003. I do not set the history out. It may be found in the various minutes and judgments of the learned Senior Magistrate.

It comes before the court again this time on appeal from his order for the eviction of the appellant following his decision in favour of the respondent as to the ownership and occupation of a piece of land.

There are only two things which I need mention. First it is now established by the Honourable the Chief Justice in Nelu & Simeona [2007] TVHC 4 that the amendment to section 12 of the Native Lands Act allowing for the use of cadastral maps came into operation a month after the decision: that it had been wrong to use cadastral maps in establishing the facts of this case.

Secondly the learned Chief Justice has made it clear that the court which has made an order is the appropriate court to issue a warrant under section 56(1) of the Native Lands Act. I respectfully agree with him. The Senior Magistrate made the order. It was for him to have the warrant issued.

As for the other grounds of appeal they are all things on which the learned Senior Magistrate had a discretion. It was his discretion to exercise. I cannot see that it has miscarried. I therefore do not presume to interfere.

The appeal is dismissed.

Date 21st day of February 2014.

Hon. Robin Millhouse QC
JUDGE OF THE HIGH COURT OF TUVALU