A claim for millions of pa’anga in compensation over claims of illegal use of tax allotments for commercial purposes will finally go to court on April 10, nearly a year after it was filed with the Land Court.

On March 21 last year, Sione Fonua filed a claim on behalf of Lord Luani  of Malapo demanding millions of pa’anga in compensation from Lord Nuku of Kolonga and a Chinese company.

Kaniva News has tried to obtain comment from Lord Nuku without success.

However, Lord Nuku’s solicitor, Samiu Vaipulu, was quoted by Tongan media this morning as saying his client had tried to settle the issue with Lord Luani out of court, but was unsuccessful.

In his claim, Lord Luani claims that Lord Nuku and the Yan Jian Group Co Ltd had unlawfully interfered with his possession of his Tax Allotments, thereby causing irreparable damage.

He said he was the registered holder  of  a  Tax Allotment described as Block 76/95 Lot 90 at Malapo, referred to in the rest of the claim as Tax Allotment  1.

Lord Nuku asked the late Lord Luani (the father of the present title holder) to  lease Tax Allotment 1 to him trading as Island Quarry.

Lord Luani claimed that Lord Nuku told his father that the purpose of the lease was for a commercial site such  as animal farming or for growing commercial crops.

“He failed to explain to the late Lord Luani that Tax  Allotment   1 would  be used in a way that  would  destroy the environment,” Lord Luani said.

He intended to store rocks of different sizes on Tax Allotment 1.

Lord Luani claimed that Lord Nuku did not tell the  late  Lord Luani that  the  Tax  Allotment   1    would   be  occupied  by   the second     defendant’s      heavy     trucks      and equipment which damaged the land and its landscape.

On  March 22, 2010, or thereabouts an application for lease of the Tax Allotment 1 was completed by Lord Nuku and signed by the late Lord Luani. It was then submitted to Cabinet for its consent.

Lord Luani’s father died on May 12, 2010.

On May 19, 2010, Cabinet, in which Lord Nuku was Deputy Prime Minister, consented to a 10 year lease, with an annual rental of TP500.

Lord Luani claimed that  no deed of lease was created and therefore no lease was ever registered to create a legal interest in Tax Allotment  1 in favour of Lord Nuku.

Cabinet reversed its approval of the lease on August 23, 2013, but Lord Nuku and Yan Jian Group Co Ltd had continued to unlawfully possess and occupy the land until the present day, Lord Luani said.

Lord Luani’s claim alleged that  plaintiff  claims  that  the Yan Jien Group had made $250,000 profit each year they had occupied Tax allotment 1.

He asked for an eviction notice to be served on Lord Nuku and Yan Jien Group and TP$100,000 compensation to be paid by Lord Nuku.

He also asked for TP$1.25 million compensation to be paid for trespass and the profits made by the defendants. Lord Luani also asked for TP$2.25 million from the Yan Jien Group for special damages.

In his claim, Lord Luani said Lord Nuku had illegally taken possession of a block of land, referred to as Tax Allotment 2, after paying its occupant, Paula Kava, TP$30,000.

He said when Kava relinquished the land, the legal procedures that were followed meant that the land actually reverted to him, as hereditary lord. Any agreements between the defendants and Kava were therefore illegal, especially an agreement to permit quarrying on the land, in contravention of the Land Regulations.

He claimed that Lord Nuku made TP$500,000 profits during his possession of the land. He said the Yan Jien Group had made TP$11.96 million by illegally extracting coral rocks from Tax allotment.

Lord Luaini said the Yan Jien Group should pay him at least TP$10 million in exemplary damages and all the profits (TP$11.96 million) it had made from mining.

The main points

  • A claim for millions of pa’anga in compensation over claims of illegal use of tax allotments for commercial purposes will finally go to court on April 10, nearly a year after it was filed with the Land Court.
  • On March 21 last year, Sione Fonua filed a claim on behalf of Lord Luani of Malapo demanding millions of pa’anga in compensation from Lord Nuku of Kolonga and a Chinese company.
  • Lord Nuku’s solicitor, Samiu Vaipulu, was quoted by Tongan media this morning as saying his client had tried to settle the issue with Lord Luani out of court but was unsuccessful.
  • In his claim, Lord Luani claims that Lord Nuku and the Yan Jian Group Co Ltd had unlawfully interfered with his possession of his Tax Allotments, thereby causing irreparable damage.

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