Tonga’s Land Court has ruled in favour of Tupou Tongaliuaki Filo’aulo Aleamotu’a inheriting the title Fielakepa after the death of the late Baron Fielakepa.
But the power to confer and revoke nobility titles is entirely the king’s prerogative according to the Tongan constitution.
His Majesty King Tuopu VI conferred the title on Tongaliuaki’s uncle Tongapo’uli Aleamotu’a in April this year.
Tongapo’uli can appeal the Land Court decision to his Majesty through the Privy council.
Tongapo’uli’s eldest brother, the late Baron Fielakepa, died in 2013 without an heir.
The next in line to the title was Mosese Taulupe Aleamotu’a, Tongaliuaki’s father. But Taulupe died in 2007 while the title was inherited by his eldest brother Baron Fielakepa.
Lord Justice Michael Scott ruled Friday, December 4, that His Majesty had erred when he conferred the title Fielakepa on Tongapo’uli.
Mr Justice Scott said it was evident that the information provided to His Majesty regarding who was the right person to inherit the title was wrong.
He said Tongaliuaki was the rightful heir to the Fielakepa title and his name should be published as such in the Government Gazette.
Mr Justice Scott also ruled that registering Tongapo’uli’s name as a trustee after the Late Baron Fielakepa’s death on the grounds that Tongaliuaki was not 21 was wrong because Tongaliuaki was 21 years-old at the time.
(Under Tongan law people are regarded as legally adults when they turn 18.)
Mr Justice Scott also ruled that Tongaliuaki would have to file any claims for legal costs or compensation against Tongapo’uli as separate actions.
The ruling came after Tongapo’uli, the young brother of Tongaliuaki’s late father, claimed in court that Tongaliuaki was not a biological son of Taulupe, his older brother.
He claimed Tongaliuaki’s father was ‘Atunaisa Fetokai of Haveluloto.
This was denied by Tongaliuaki and his mother Mele Simiki Aleamotu’a in court.
Tongaliuaki told the court he would voluntarily provide a DNA test to prove his paternity.
His mother told the court she did not want his son to take a DNA test.
Tongaliuaki was represented by Counsel Laki Niu while Tongapo’uli was represented by Councel Siosifa Tu’utafaiva.
The main points
- Tonga’s Supreme Court has ruled in favour of Tupou Tongaliuaki Filo’aulo Aleamotu’a inheriting the title Fielakepa after the death of the late Baron Fielakepa.
- The king conferred the title on Tongaliuaki’s uncle Tongapo’uli Aleamotu’a in April this year.
- Tongapo’uli can appeal the Supreme Court decision to his Majesty through the Privy council.
- Lord Justice Michael Scott ruled that His Majesty had erred when he conferred the title Fielakepa on Tongapo’uli.
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