His Majesty’s Privy Council has rejected a bid by Lord Fielakepa, born as Tongapo’uli Aleamotuʻa, to overturn a Land Court decision declaring he was not the rightful heir to the Fielakepa title.
According to Tongan news website Nepituno, His Majesty’s Privy Council made the decision to uphold the Land Court’s ruling this afternoon.
This means Tupou Tongaliuaki Aleamotuʻa will be the new holder of the Fielakepa title, the website said.
In December 2015 Tonga’s Land Court ruled that Tupou Tongaliuaki Filoʻaulo Aleamotuʻa was the rightful heir to the title after the death of the late Baron Fielakepa.
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.
As Kaniva News reported the Land Court declared that His Majesty had erred when he conferred the title Fielakepa on Tongapo’uli.
It 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.
The judge said 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.
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.
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