The Tonga Court of Appeal has dismissed an appeal by the Tonga Development Bank (TDB) and its CEO, ‘Emeline Tuita, and ordered them to pay journalist Tevita Motulalo’s legal costs.

The case stemmed from the bank’s attempt to hold Motulalo in contempt over a Facebook post related to ongoing legal proceedings involving TDB and Cost Low Company Limited.
In December 2023, Motulalo, publisher of Independent News, gave a court undertaking not to publish further details about TDB’s dealings with Cost Low and Charlotte Tu’i’ile’ila.
The bank had accused him of defamation and sought an injunction to block reporting on the matter.
However, TDB later filed contempt charges after Motulalo posted about a summons he received in a separate legal action.
The Court of Appeal upheld the Supreme Court’s earlier ruling, finding that Motulalo’s Facebook post, which included an image of the summons and a Tongan-language caption, did not breach his undertaking.
The judges agreed that the post only referenced the contempt proceedings and did not disclose any restricted information about the Cost Low case.
With the appeal dismissed, TDB and Tuita must now cover Motulalo’s legal fees, though the exact amount will be determined by the Registrar if not agreed upon privately.
The decision comes after CEO Tuita and the TDB sued Motulalo and others, including National Reserve Bank of Tonga (NRBT) CEO Tatafu Moeaki, in a separate defamation case, which is currently before the courts.
Tuita and the bank sought $25 million in damages in that lawsuit, alleging defamation.
The Eke government expressed concern over the case, criticising the former administration for failing to mediate the dispute between the two banks.
PM Eke said the litigation was not only a distraction from the banks’ public duties but also a misuse of resources, as legal costs would ultimately be borne by the banks themselves and, by extension, the public.
PM Eke, also the Minister of Finance, dismissed the TDB board of directors, appointed new leadership, and compelled the bank to withdraw its lawsuit against Moeaki and the NRBT, which was recently effective.