The Land Court has ordered that a ruling on a dispute made on July 9 be set aside.
Judge Niu said Ve’etutu Mahe, Salesi Fohe, Mele Tangi and Zing wang Co Ltd were ordered to vacate a block of land.
Mahe had asked to have the judgment against him set aside.
Judge Niu said he decided on this court of action after considering a number of issues, among which was why Mahe had not filed a defence in the original case.
He said Mahe had testified that he had ben advised by the local District Officer not to do anything, but to wait for the court case and then make his case,
Judge Niu said the district officer’s advice was completely wrong , but he believed Mahe’s testimony.
Mahe had also testified that Lord Samiu Fohe had given him the land, in return for which he had given TOP$4500 along with gifts such as yams, fish and the traditional large pig as signs of appreciation.
He only started building a house on the land in 2020.
Justice Niu said he accepted for the purposes of appeal that Mahe could prove this in court.
Mahe was ordered to file a statement of defence by December 13.
The matter will be called in chambers on January 15, 2020, for timetabling.