BREAKING: Supreme Court Rules Land & Titles Court to Resume Business

By Lagi Keresoma

APIA, SAMOA – 14 APRIL 2022: The Supreme Court has granted declaratory relief to the President of the Land and Titles Court for the court to carry out its normal business.

The Court decision was delivered this afternoon on a petition by the President following the recent suspension of the court matters and other issues. The Respondent, the Minister of Justice questioned the authority of the President and Judges to exercise the jurisdiction of the LTC if their appointments had been revoked under LTA 2020.

The decision of the panel comprising the Chief Justice Satiu Perese, Justice Nelson and Justice Tuatagaloa, ruled that the Applicant (President), is entitled to immediate relief from the Executive by their provision of support services to resume immediately to enable the President and Judges of the LTC to carry out their normal business in accordance with the (referred to) transitional provisions of the LTA 2020.”

However the court also concluded:

1. We consider the judicial appointments made under LTA 1981 continue to have jurisdiction only insofar as expressly saved and provided for under s 67(2) LTA 2020, with respect to petitions filed before the commencement of the LTA 2020; and pursuant to s.67(4), with respect to a claim, title, right, interest, instrument or document created or vested under the LTA 1981.

2. The President and Judges who were appointed under 1981 LTA, do not have the authority to exercise jurisdiction with respect to the other provisions of the 1981 LTA, or under any of the provisions of the LTA 2020.

The court also said this determination is reasonably attributed to parliament. It is a matter for Parliament to now consider how to take these matters (the LTA 2020) forward.