Tufulele family claims a Land & Titles Court “Error” has aggravated their land woes 

By Lagi Keresoma

APIA, SAMOA – 18 MAY 2022: A family of Tufulele claims their rights and access to their land have been aggravated by a Court error. Leatipu’e Fata Malaki, a representative of the Luatuanuu Ioane family told Talamua that the only option is for them to take legal action against the court.

In a letter dated 7 May 2012, the former Assistant President of the Land & Title’s Court, Fonoivasa Seiuli Ah Ching urged the Court that they should correct an “error” created by the Court in a land dispute between two families at Tufulele.

“O lo’u taofi, o le sese na fa’amafua e le Fa’amasinoga, e ao ona toe fa’asa’oina e le Fa’amasinoga, ina ia atagia ai pea le fa’atinoina o le amiotonu,” wrote Fonoivasa.

Fonoivasa conducted an investigation into the dispute and decisions of LTC after Leatipu’e Fata Malaki and family filed a petition in Court, and his report to then LTC President, Tagaloa Tuala Kerslake highlighted:

• There was no appeal hearing against the Land & Titles Court decision LC2864 P3-P4 of April 2007;
• On 6 August 2009, the Court received a letter from Luatuanu’u Ioane which was delivered to (the President) on 11 August 2009 and which was not responded to;
• There are some serious issues that followed the decision of 4 April 2007;
• The decision LC-2864 P3-P4 of April 2007 was done without any investigations by the Court into the matter and Luatuanu’u did not receive any summon to the hearing of the matter as he was in New Zealand for medical reasons;
• The Court overlooked the decisions of LC-1476 of 29 May 1956, LC-2864 of 28 June 1967 and LC-2414 of 21 February 1977;
• I recommend to put aside the decision LC-2864 P3-P4 of April 2007 and to give both parties the chance to find the real owner of the land in question.

Background to the matter
According to Luatuanu’u Ioane, prior to the decision LC-2864 P3-P4 of April 2007, the LTC had already ruled on the same matter in 7 different hearings as far back as 1955, 1956,1967,1968, 1977, 1989 and 1998 – all in favour of the Aiga Sa Luatuanu’u.

According to Leatipu’e, Luatuanu’u is a chiefly title who has the authority to bestow minor titles (Vai matai) to members of the family.

The Luatuanu’u family have always lived on the Niuvai land which was the center of the dispute.

In 2007, there was a court hearing on a petition by Ai’atele, a relative that Leatipu’e claimed a Vai matai who serves the Luatuanu’u title.

“We did not know about the case in 2007 because we were not told or given summons to appear in a case against us,” said Leatipu’e.

He said that they only knew about the 2007 hearing and decision when their family filed a case against another relative in 2009.

“We were shocked because we did not know until the Court based its 2009 decision on the decision of 2007,” said Leatipu’e.

On the same day, Leatipu’e wrote to then President, Tagaloa but never received a response.

Family properties destroyed
After the 2009 decision, the Lands and Titles Court ordered the family’s eviction from the land and according to Leatipu’e, his family did not heed the order but remained on land.

“Then a Chinese company came in with machines and mowed down our homes, plantations and pig farms and asked us to vacate the land, but we resisted,” said Leatipu’e.

He was emotional as he remembered how his elderly mother stood in tears as the company destroyed what she spent years to develop.

The family was later called in to give evidence in an investigation conducted by Fonoivasa in 2012 and Leatipu’e believed it was Fonoivasa’s report that opened the case again in 2015.

Leatipu’e and family won the case in 2015 but the A’iatele family appealed the decision.

On 27 May 2017, the Court of Appeal ruled in favour of Leatipu’e’s family. But it did not bring closure to the matter there.

“What we found strange was that the decision LC-1476 P7-P12 on 27 February 2015 revoked the decision of 2009, but the Ministry of Justice & Court Administrations (MJCA) continued to write to us not to work or build on the land because the 2009 decision still existed, “said Leatipu’e.

Leatipu’e then wrote to the President at that time, Patu Tiavaasue Falefatu Sapolu who was also the Chief Justice about the contradiction between the 2009 and 2015 decision and the matter ended up in a Judiciary Review.

Judiciary Review revoked LTC 2007 decision
In 2018, Patu after perusing all evidence from 1955 to 2017, revoked the decision of 2009 and upheld the 2015 decision and the Court of Appeals 2017 decision.

Leatipu’e and family were happy and thought it was the end of their suffering.

LTC President insist on the validity of the 2009 decision
On 25 May 2020, LTC President Fepuleai Atila Ropati informed Leatipu’e’s family that he considers the LTC decision 2009 as still valid, and no one should interfere with the Ai’atele family residing on the land.

He also informed the family that he will not accept any more letters or petitions from Leatipu’e and others.

Police arrest
On 11 March 2022, the police armed with a contempt of court order arrested Leatipu’e and his brother for not obeying the 2009 LTC decision for the family to leave the land.

At the police station, Leatipu’e explained to the police that there were latest decisions of 2015 and the Court of Appeal 2017 decision and Patu’s orders and were all in their favour.

Having read these decisions of the Court, the Police immediately released Leatipu’e and his brother.

Taking Legal Action
It is now 5 years since the 2017 decision, and the family has no closure to their case despite the court decisions.

Leatipu’e told Talamua that the latest development with the letter from the Court President reversing the latest decisions, give their family no other option but to seek legal redress.

He is questioning the legality of the LTC President’s action to reverse the decision by a past President given the previous cases and subsequent decisions on the matter go as far back as 1955.

By letter, the Court President has also put a stop to Leatipu’e any family from bringing further matters to him.

Leatipu’e is adamant to get to the bottom of this and is taking legal action against the Court.

Meanwhile, LTC matters are still on hold despite a Supreme Court decision of14 April for the court to resume its normal business.