Last Friday, the High Court heard a motion for reconsideration in the case of the Congregational Christian Church of American Samoa against former General Secretary, Rev. Amama Tofaeono and his wife Joan Alelluia Tofaeono.
The motion by Rev. Tofaeono, through his attorney Toetasi Tuiteleleapaga, was for reconsideration of the summary order on recovery of a church residence that Rev Tofaeono and his fanily were living in.
Presiding was Acting Associate Justice Elvis Patea along with associate judges Satele Lilio and Suapaia Pereira.
The High Court in a ruling on June 23rd found in favor of the church and ruled that Tofaeono must vacate the premises.
Tofaeono had been ordered by the Committee of elders to vacate the home he and his family had been living in after the committee had removed him as church secretary and stripped him of his pastoral duties,
Tuiteleleapaga said the court ruling on June 23rd was declaratory judgment and referred to some errors discovered during the initial proceedings about the committee of elders role in the ordination of ministers.
He said the committee of elders does not have authority to remove ministers.
That this was the purview of the church’s general assembly.
Counsel for CCCAS Gwen Langkilde countered that none of the issues raised by the defense are manifestly unjust and are definitely not errors.
She said,“this is just their attempt to have another bite of the apple.”
Counsel Langkilde moved that the court issue a “writ of restitution” for the defendants’ continuing usage of the house.
When asked if the committee of elders really had jurisdiction for removal of the defendants, Langkilde replied that there is a provision on Pg.17 of the CCCAS Constitution that specifically grants the committee authority to withdraw ordination.
Counsel Tuiteleleapaga replied that such provision does not exist in the CCCAS constitution.
A court decision on the motion would be known on July 28, when another hearing on the case will be held.
