Nuku’alofa — A dispute between two brothers over a town allotment in Kolofo’ou has ended in the Supreme Court, with the court ordering the younger brother and his family to vacate the property.
In a judgment delivered on 6 February 2026, Justice Tupou KC ruled in favour of Ve’etutu Satini, ordering his younger brother, Lofia Satini, and his family to vacate a town allotment on Hala Tu’i in Kolofo’ou.
The dispute centred on a house built by Lofia on the allotment around the time of their mother’s illness and subsequent death in 2000.
Ve’etutu, who was living in Canada at the time, argued that the allotment was registered in his name and that Lofia had built and remained on the property without his permission. Lofia claimed that his brother had requested him to construct the house for their mother’s funeral and had promised that he and his family could live there indefinitely.
The court heard evidence from several family members and witnesses regarding the circumstances surrounding the construction of the house and the brothers’ subsequent interactions over the following two decades.
Justice Tupou found that Lofia knowingly built the house on land that he understood had been allocated to Ve’etutu and did so without obtaining his brother’s consent.
Owner Opposed Unauthorised Construction
The court accepted Ve’etutu’s evidence that he objected to the construction upon returning to Tonga and later instructed family members to ask Lofia to remove the house.
The court rejected Lofia’s argument that he had acquired a right to remain on the land through promises allegedly made by Ve’etutu or through legal principles of estoppel and acquiescence.
In his decision, Justice Tupou held that Lofia had failed to prove that Ve’etutu had expressly or unambiguously authorised either the construction of the house or the family’s indefinite occupation of the allotment.
The court therefore ruled that Ve’etutu was entitled to immediate possession of the property.
Immediate Eviction, Nominal Damages Awarded
As part of the orders, Lofia and his family must vacate the allotment immediately. The judgment also provides that Lofia may remove the house from the property or alternatively reach an agreement with Ve’etutu regarding compensation for its value.
While Ve’etutu sought substantial damages for unlawful occupation, the court awarded nominal damages of $100, finding there was insufficient evidence of actual financial loss.
Justice Tupou noted the family relationship between the parties and expressed hope that, despite the immediate effect of the judgment, Ve’etutu would allow his brother sufficient time to make arrangements to relocate “in a dignified manner.”
The case was heard in the Land Court at Nuku’alofa under case number LA 17 of 2024.
