Longstanding Land Dispute at Tuloto now in Court of Appeal

Lawyers representing the parties in the case, Fuimaono Sarona Ponifasio for MNRE, Kirsten Drake, Leiataualesa Komisi Koria for SSAB and Charlie Vaai for Samoa Breweries.

By Lagi Keresoma

APIA, SAMOA – 17 MARCH 2021: The longstanding land dispute between the late Kirita Maria Pune, the Ministry of Natural Resources and Environment (MNRE), Samoa Breweries and the Samoa Stationery And Books (SSAB) has come full circle and is now in the Court of Appeal.

The appeal was granted by Justice Vui Nelson Clarence after hearing the submission from the appellants’ lawyer, Leuluaiali’i Olinda Woodroffe on behalf of Kiritia’s children and also from Jason Goodall the New Zealand counsel for Ruby Drake.

The appellants are arguing against the decision by Justice Vui Clarence Nelson to remove the caveat on the disputed land.

Appellant’s argument
Goodall argues that the removal of the caveat did not follow the Land and Title Registration Act (LTRA) procedures for a discharge especially on section 54, 55 and 57 of the Act.

On 4 February 2015, former Chief Justice Patu Tiavaasue Falefatu Sapolu ordered the extension of the caveat until further notice. The order was sealed on 7 February 2015 and served on MNRE on the same date. On 24 February 2015, the caveat was removed.

The main focus of his argument is the jurisdiction authority to remove the caveat and the statutory interpretation of section 54, 55 and 55 of the LTRA.

Goodall pointed out that in event of an order being sealed, it is very difficult to have it discharged, and he checked the Courts process and could not find any procedural basis for discharging an order of the Court that has been sealed.

“The appropriate cause of action of such circumstances is to appeal the order and not try and take it through a legal application which is the nature of the Ministry’s application,” said Goodall.

Leuluaiali’i reiterated the important points raised by Goodall and agreed that the matter to be considered by the Court of Appeal.

MNRE lawyer Fuimaono Sarona Ponifasio who first opposed the application, agreed to a Court of Appeal hearing.

Her opposition was due to the fact that by the time the order was executed, it already exceeded the period it was supposed to be executed.

Her agreement though was based on the novelty and credible issues on the jurisdiction and the statutory interpretation of section 54, 55 and 57.

Fuimaono was not counsel for MNRE at the original hearing but she noted that the issues raised but were not raised at the original hearing, were of importance to the public.

Background to the case
The original court hearing was in 2003 when Kirita challenged her father’s decision to gift the Tuloto land to her brother Molio’o Teofilo Molio’o alone rather than all the siblings.

Her lawyer at the time Ruby Drake put a caveat on the land to stop its sale.

Thirteen years later, Patu made an oral ruling that the gifting of the land was done in a “fraudulent” manner and he reserved his written decision.

Kiritia had since changed lawyers and assigned Leuluaialii Olinda Woodroofe to act for her.

Leuluailalii followed up the written decision which was delivered in 2015 and by that time the land had already being sold to two owners, the Samoa Breweries and SSAB.

Another court hearing followed where Patu made an order to extend the caveat to which MNRE opposed and Justice Vui ruled in favour of MNRE.