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Apelu v Semeli [2014] TVHC 8; Land Appeal 01.2013 (21 February 2014)

In The High Court of Tuvalu
At Funafuti
Land Appellate Jurisdiction

HC. Land App. case no. 1/13

Between:

Iosia T Apelu & ors
Appellants

v

Semeli Semeli & ors
Respondents

BEFORE THE JUDGE

Ms. Laigane Italeli for the appellants.
Ms. Filiga Taukiei for the respondents.

The aim of the law is certainty. Sooner or later all litigation must be brought to a conclusion. Litigation must not be allowed to wend its way on from generation to generation.

I have read all the papers before me and considered closely the submissions of counsel, which submissions I much appreciate.

The seeds of this litigation go back at least to 1935. In 1970 the Funafuti Lands Court gave a decision. There was no appeal from that decision. Even if there be no applicable Statute of Limitation, after so long, over 40 years, it is simply too late to re-open the case.

When it became too late, where the line of time should be drawn, need not concern us. Certain to say it was long before now and before 2005 when the appellants tried to resurrect the case. Justice requires finality.

That is what, in essence, the learned Senior Magistrate decided. I agree with him.

The appeal is dismissed.

Date 21st day of February 2014.

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