Court of Appeal of Tonga

The Court of Appeal of Tonga is the supreme court in Tonga for all criminal and most civil matters. It hears criminal and civil appeals from the Supreme Court and also hears appeals from the Land Court.

Court of Appeal of Tonga
Established1875
LocationNuku'alofa, Tonga
Composition methodRoyal nomination with Privy Council of Tonga approval
Authorized byConstitution of Tonga
Appeals toPrivy Council of Tonga
Chief Justice of Tonga
CurrentlyThe Hon Michael H. Whitten QC
Since2 September 2019

Jurisdiction

An appeal from the Supreme Court to the Court of Appeal can be made as of by right unless it is a civil matter and the amount in dispute does not exceed T$1000. Orders made by consent, orders regarding costs, and interlocutory decisions also cannot be heard by the Court of Appeal without leave of the Court.

An appeal from the Land Court to the Court of Appeal can also be made as of by right. However, matters relating to the determination of hereditary estates and titles are appealed to the Privy Council of Tonga.

The Court of Appeal can also deliver advisory opinions when specifically requested to do so by the monarch, the Cabinet, or the Legislative Assembly.

Structure

The Court of Appeal is headed by the Chief Justice of Tonga. The Chief Justice and the other Justices of Appeal are appointed by the Privy Council and are foreign nationals, usually from other Commonwealth jurisdictions.

Chief Justices
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References
  1. "Former Tonga Chief Justice Knighted". Vava΄u Press Ltd. Archived from the original on 12 March 2016. Retrieved 2 March 2016.
  2. "Geoffrey-William-MARTIN". Debretts. Retrieved 17 October 2015.
  • Jennifer Corrin-Care, Tess Newton and Don Paterson Introduction to South Pacific Law (Cavendish Publishing Ltd: London, 1999).
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