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Church dispute ends up in Samoa Court

The question of whether the Congregational Christian Church of Samoa (C.C.C.S) can be sued as a body was the center of legal dispute in the Samoa Supreme Court last week.The issue surfaced during the hearing of a lawsuit brought by Reverend Kerita Reupena against C.C.C.S. and the Committee of Elders.Members of the Committee who are second respondents in the lawsuit include the Chairman of the C.C.C.S., Reverend Elder Tavita Roma, Deputy Chairman, Reverend Elder Tautiaga Senara, Reverend Elder Kerisiano Soti and Reverend Elder Peleti Toailoa.Rev. Reupena is suing the church and others over their decision to strip him of two senior positions in the church – including that of being the Director of the Queensland District in Australia.The complainant is represented by lawyer, Leulua’iali’i Olinda Woodroffe.She is assisted by Leali’ifano Dr. Iopu Tanielu. Lawyer Leota Tima Leavai is representing the Church. Presiding is Chief Justice, His Honour Patu Tiava’asu’e Falefatu Sapolu.During the proceedings, Ms. Leavai disputed C.C.C.S being the first respondent. “The name of the first defendant given in the documents referred basically to C.C.C.S. which is registered as a Charitable Trust,” Ms. Leavai told the Court.“C.C.C.S. is a trading name used in the Constitution. My instruction is the defendant is not named… the appropriate defendant to be sued is the Board of Trustees of the C.C.C.S.”But Leulua’iali’i disagreed.“I respectfully ask my learned friend to provide evidence of what she is claiming,” said Leulua’iali’i. Because in my understanding, and I did go through the Constitution, it can be sued.”At that point, Chief Justice Patu asked Leulua’iali’i: “Does the Constitution of C.C.C.S. say that C.C.C.S. can be sued or cannot be sued?”“It is silent on that issue,” she responded.“But in the absence of any express direction, it is my respectful submission that my case is to be heard. They were served all documents and had time to prepare and she does not have evidence.”But Chief Justice Patu insisted. According to His Honour, from his experience as a lawyer and a Judge, when a church is registered as a Charitable Trust, Ms. Leavai is correct in pointing out that it is the Board of Trustees that is registered.