The Esi family have lived on an area of land called "Vai" for five generations and believed that
they were the customary owners of the land. Vai is located on the waterfront in Vila Village
which is located near the capital city of Pacifica. Its location makes it a prime piece of property.
In 1999, the Fa'i family made a claim in the Pacifica Land Court that they were the rightful
custom owners of the Vai area. The claim was brought by Chief Keke Fa'i on behalf of the
members of his family. The Fa'i family argued that their great-great grandfather High Chief Sua
Fa'i had allowed his distant cousin Koko Esi (Esi family ancestor) to live on the land and serve
the family.
During the hearing at the Pacifica Land Court in 1999, Paramount Chief Kukama gave evidence
that under Pacifica custom, land that is given to a family member is treated as a gift and
ownership is transferred to the family member and to their descendants. Based on the evidence
given by Chief Kukama, the Pacifica Land Court held that the Esi family were the rightful
custom owners of the land.
In 2019, the Government of Pacifica released their plans to convert the Vila Village Waterfront
into a Government wharf. According to the press release, the Government would be paying five
million dollars per acre. The "Vai" land area covered ten acres of land on the waterfront which
would amount to a payout of fifty million dollars.
This came to the attention of Fa'alifu Fa'i, the grandson of Keke Fa'i. Fa'alifu had recently
completed his law degree at USP. Upon consulting the elders of his family, Fa'alifu brought a
claim against the Esi family in the Pacifica Land Court to challenge the ownership of "Vai" land
area.
You are a newly appointed judge for the Pacifica Land Court.
A. Using the IRAC method, determine whether the principle of res judicata would apply to
the new claim brought by Fa'alifu Fa'i? You must cite case law in support of your
answer. (10 marks)
.

B. Would your answer to (A) be different if it was uncovered that High Chief Kukama had
been given ten fine mats and one thousand dollars by the Esi family to give evidence on
their behalf in the 1999 trial? You must give an explanation for your answer. (5 marks)