A young man, whose family believes is the rightful heir to the Fielakepa title and estate, began his legal challenge in the Nuku’alofa Supreme Court today, against his uncle – the head of Tonga’s armed forces - who was given the Fielakepa title by King Tupou VI in April this year.

The action is a land case brought by the plaintiff, 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), appeared at the Nuku’alofa Supreme Court on Tuesday, 17 November.

Son of older brother

The plaintiff, Tongaliuaki, is the eldest son of nine children of the late Mosese Taulupe Aleamotu’a, an older brother of the defendant.

Laki Niu, counsel for the plaintiff, told the court they are seeking an order from the court to declare that the plaintiff (Tongaliuaki) is the lawful successor to the hereditary title and estate holder Fielakepa and that the appointment of the defendant as trustee on February 18, 2013 is void.

The plaintiff also sought an order to declare the appointment of the defendant on April 10, 2015 as successor to the hereditary title and estate holder Fielakepa is void, and for the court to issue an order directing the plaintiff’s name be published in a Gazette as lawful successor to the title and estate.

In addition, the plaintiff seeks the court to direct the defendant to return all the monies he had received on behalf of the title from when he was appointed trustee to title holder.

Dispute

The family dispute is being heard before Mr Justice Scott and an assessor Fuiva Kavaliku, and Sifa Tu’utafaiva assisted by Sione Taione for the defendant.

The title comes through Longolongo'atumai Aleamotu'a (the plaintiff's grandfather) who held the hereditary title Fielakepa and estate holder of the village Havelu in Tongatapu, which he inherited from his father before him. 

The late Noble Fielakepa (Longolongo'atumai Aleamotu'a) and Lady Tuna Fielakepa had six children.

The plaintiff’s father, Mosese Taulupe, who died in 2007, was the second eldest of their three sons, and second youngest of the six children.

The eldest of the three sons was the late Baron Fielakepa (Siosaia Tupou), who inherited the title from his father in 1997 and held it until he died on February 10, 2013, without an heir.

The defendant, the current Lord Fielakepa, is the third son and youngest of the six children. He was bestowed with the hereditary title Fielakepa on 10 April, 2015 by HM King Tupou VI. Before the appointment he had been a trustee of the title since his eldest brother passed away with no heir.

Challenge

Laki in his opening statement told the court, the plaintiff is the oldest legitimate biological son of Mosese Taulupe and Mele Simiki who lawfully married on June 18, 1991. The plaintiff was born on October 1, 1991. The birth was legitimate and Taulupe had eight other legitimate children, six sons and two daughters.

Laki said the Constitution and Land Act states that if a holder of a title has no issue or fails to have direct descendents it goes to the next eldest brother and his heirs. The owner of the property is Siosaia (the late Baron Fielakepa) and Taulupe was the brother next in line.

In February 2013, when the late Baron Fielakepa died having no lineal descendents, Mosese Taulupe was the next eldest brother lawfully to succeed, but because he had already passed away, Taulupe's lineal descendants have the same right to the succession as if he was still alive. Therefore the title Fielakepa should go to the plaintiff Tongaliuaki, and if he has no heirs then it should go to his younger brother Lopeti and his heirs and so forth, he said.

But Laki told the court that the King had ended his line now and named the defendant the lawful successor who inherited the title and therefore deprived Mosese Taulupe’s nine children of their constitutional right to inherit the title. Section 38 of the Land Act states that the King is required not to appoint a person he wished for but to appoint the lawful successor to the title, he said.

Denied

Laki said the defendant Lord Fielakepa has claimed that the plaintiff is not the biological son of Taulupe as he is the son of 'Atunaisa Fetokai, which he claimed to have been something that was always known in their family. However, this claim is denied by the plaintiff, his mother and grandmother, said the counsel.

The King appointed the defendant on February 18, 2013 as trustee of the title. The salary drawn from the title, including rent and lease of tax allotments of the estate among other things, was kept by the defendant and none of the salary and rent was given to the plaintiff to help him with the cost of his studies. The defendant also did not give him any account statement, which he had given to the king for his trusteeship, the court heard.

Laki said on January 15, 2015 the plaintiff had written a letter to the King to reconsider the appointment of the defendant to the title, as he was already 21 years old when the appointment was made. There was no reply from the king and the appointment of the defendant was made on April 10, 2015 as the lawful successor/holder of title of Fielakepa.

"The appointment ignored and deprived all of Taulupe’s children of their constitutional right to the title if he had lived," said the counsel.

Witness

The first witness, Tongaliuaki, said he expected to finish his studies at the University of Canterbury in 2017. He produced a brief of evidence, which he confirmed to the court to be true.

He answered Mr Justice Scott's questions and confirmed that he is the eldest legitimate son of his father and he has six brothers and two sisters.

“Upon the death of your uncle [Baron Fielakepa] you made customary presentations to the King and when you went back to university, you were surprised when informed that the defendant was appointed trustee?” asked the judge.

Tongaliuaki said, yes. He confirmed he was already 21 when the appointment was made and wrote to the king that there must have been a miscalculation because he was already 21. He had received no reply.

“You believe that under the Constitution you are the correct holder of the title?” asked the judge.

Tongaliuaki said, yes.

He also confirmed that since the appointment to trustee, the defendant had kept the income he received from the title for himself and given nothing for him.

In cross-examination by Sifa, the plaintiff maintained that Taulupe is his father despite being put to him that the defendant had claimed otherwise.

Sifa asked whether he had now considered taking a DNA test to prove this.

Tongaliuaki said, yes.

The next witness was the plaintiff's grandmother and defendant's mother, Lady Tuna Fielakepa. The trial is expected to continue tomorrow, Wednesday, November 18.