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Court of Appeal of Tuvalu : ウィキペディア英語版 | Court of Appeal of Tuvalu
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.〔(【引用サイトリンク】title=Tuvalu Courts System Information )〕 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'' () TVCA 1.〔(【引用サイトリンク】title= Falefou v Esau () TVCA 1; Land Appeal 01 of 1991 (10 September 2009) )〕 * ''Teonea v. Pule o Kaupule of Nanumaga'' () TVCA 2.〔(【引用サイトリンク】title= Teonea v Pule o Kaupule of Nanumaga () TVCA 2; Court of Appeal Civil Appeal No. 1 of 2005 (4 November 2009) )〕 ==Falefou v. Esau== ''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.”
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