Fielakepa awaits judgement [1]
Thursday, November 19, 2015 - 22:20
A judgement will be delivered in two-weeks time over the legitimacy of the succession by Lord Fielakepa to the hereditary title Fielakepa, after he was challenged in a land case brought by his nephew, Tupou Tongaliuaki Aleamotu’a.
The trial held from November 17-19, ended this morning with closing submissions from counsel, Laki Niu for the plaintiff, and Sifa Tu'utafaiva for the defendant.
Mr Justice Scott adjourned the proceeding for his judgement to be delivered in two-weeks time, at the Nuku’alofa Supreme Court.
Sifa Tu’utafaiva for the defendant Lord Fielakepa, and Laki Niu for the plaintiff Tupou Tongaliuaki Aleamotu’a, made their closing submissions to the court that has been full since the proceedings began on Tuesday, 17 November
As part of his submission, Sifa argued that the plaintiff’s case and the orders set out are all directed to His Majesty the King, who is not a party to this proceeding.
He said the first order asking for a declaration that the plaintiff is the lawful successor to the hereditary title, basically challenges the appointment of the defendant by His Majesty.
"As stated in the defendant’s opening address he is simply obeying and carrying out decisions by the King."
The counsel submitted the defendant then cannot be blamed to have been acting wrongfully or unlawfully.
Laki in his submission said the defence counsel cannot raise this defence that just because the King was not being joined as a party therefore for the court could not to make the orders sought by the plaintiff. “It is not fair,” he said.
He said it is the history of Tonga for 100 years that the King is not joined as any party to any challenge of any appointment of a successor.
Laki said the plaintiff had proven his case that he is the eldest legitimate son of Taulupe Aleamotu’a, the next eldest brother of the late Baron Fielakepa.
"Evidence we have produced in court, which was not disputed, states that the plaintiff was born during a legal marriage of the plaintiff’s parents Taulupe and Mele Simiki Aleamotu'a and under Section 44 of the Evidence Act is therefore the eldest legitimate son," he said.
The action, a land case was brought by 24-year-old Tupou Tongaliuaki Aleamotu’a, currently a student at the University of Canterbury in New Zealand.
As the eldest son of an older brother, he is challenging the legitimacy of his uncle’s succession to the hereditary title, Fielakepa.
His uncle, the defendant, Lord Fielakepa (Tupou Tongapo’uli Aleamotu’a), the Commander of His Majesty's Armed Forces (HMAF) and current holder of the title appointed by the King in April this year.