Court of Appeal of Tonga | |
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Established | 1875 |
Jurisdiction | Tonga |
Location | Nuku'alofa,Tonga |
Composition method | Royal nomination withPrivy Council of Tonga approval |
Authorised by | Constitution of Tonga |
Appeals to | Privy Council of Tonga |
Chief Justice of Tonga | |
Currently | The HonMichael H. Whitten QC |
Since | 2 September 2019 |
TheCourt of Appeal of Tonga is thesupreme court inTonga for all criminal and most civil matters. It hears criminal and civil appeals from theSupreme Court and also hears appeals from theLand Court.
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 exceedT$1000. Orders made by consent, orders regardingcosts, andinterlocutory 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 thePrivy Council of Tonga.
The Court of Appeal can also deliver advisory opinions when specifically requested to do so by themonarch, the Cabinet, or theLegislative Assembly.
The Court of Appeal is headed by the Chief Justice of Tonga. The Chief Justice and the other Justices of Appeal are appointed by thePrivy Council and are foreign nationals, usually from otherCommonwealth jurisdictions.