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Iakopo v Tui [2014] TVHC 12; Misc. Civil 02.2013 (21 February 2014)

In The High Court of Tuvalu
HC. Misc. Civil case no. 2/13
At Funafuti

Civil Jurisdiction

Referral Case

Between:

Lopati Iakopo
Appellant

v

Peniata Tui
Respondent

BEFORE THE JUDGE

Ms. Laigane Italeli for the appellant.
No appearance for the respondent.

Memorandum to the learned Senior Magistrate.

I refer to your memorandum of 19th April 2013 to the Honourable the Chief Justice.

As I understand the facts the appellant is appealing to the Senior Magistrate's court against a decision of the Lands Court Appeals Panel. Having instituted an appeal, the appellant applied to you for an order staying the enforcement of the judgment of the Panel. You are doubtful whether you have the power to grant the stay.

In my opinion you do have the power. It is implicit in section 26(4) of the Native Lands Act, the relevant words in sub-section (4) giving the power are:

"In determining an appeal – the Senior Magistrate's Court may – make such further or other order as justice may require –"

In this case you are to determine the appeal: justice certainly requires a stay of execution of the judgment of the Panel. Otherwise the appeal to your court may be nugatory. Justice requires that should not be allowed to happen. The general rule is that a senior court may stay an order of an inferior court. Section 26(4) follows that rule.

Date 21st day of February 2014.

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