Court of Appeal of Tuvalu
| Court of Appeal of Tuvalu | |
|---|---|
 |
|
| Established | 1978 |
| Country |
Tuvalu 
|
| Location | Funafuti |
| Authorized by | Constitution of Tuvalu |
| Decisions are appealed to | Privy Council |
| No. of positions | 3 |
The Court of Appeal of Tuvalu is established by sections 134 & 135 of the Constitution of Tuvalu to hear appeals from decisions of the High Court of Tuvalu and to determine the Law of Tuvalu. The administration of the court is set out in the Superior Courts Act (1987) and in the Court of Appeal Rules (2009). The Court of Appeal of Tuvalu determined appeals for the first time in 2009. Tomkins, Fisher and Paterson JJA (judges from New Zealand) were appointed to decide two cases:
Falefou v. Esau was an appeal from a judgment of Donne CJ given in the High Court on 27 August 1991. Donne CJ dismissed an appeal from the Lands Appeal Panel which rejected that the appellant, who had been adopted according to native custom, was entitled to the transfer of all the lands and pits held by the person (who died intestate), who had adopted the appellant. The Court of Appeal rejected the appeal; deciding that “The Tuvalu Land Code is a code for disposing of an intestate’s land. In the Court’s view distributions are to be made in accordance with the Code. It supersedes customary law. Section 5(2) of the laws of Tuvalu Court provide that customary law does not take effect if it is inconsistent with an Act. In this instance the customary law is inconsistent with the Tuvalu Land Code.”
Teonea v. Pule o Kaupule of Nanumaga was an appeal from a judgment of Ward CJ given in the High Court on 11 October 2005. The case raised issues in relation to the balancing the freedoms of religion, expression and association that are set out in the Constitution of Tuvalu against the values of Tuvaluan culture and social stability that are also referred to in the Constitution. The dispute arose in July 2003 when the Falekaupule (the traditional assembly of elders) of Nanumaga passed a resolution that had the effect of banning the Brethren Church from seeking converts in Nanumaga. The Falekaupule had decided that the preaching of the Brethren Church was causing division in the Nanumaga community.
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