Villages appeal a 30 year old court decision on disputed land

By Lagi Keresoma

Apia, Samoa – 07 November 2023: The villages of Levi and Alamutu at Saleimoa have filed an appeal against a Lands & Titles Court decision delivered 30 years ago.

The appeal was filed last Friday and the villages now await if the Land & Titles Court President accepts their appeal or not.

If it is accepted, it means a hearing but if not, then it’s the end of the matter, but with Levi and Alamutu, it will be the beginning of another chapter.

At a press conference yesterday, Umu Pati Muaau who spoke on behalf of Levi and Alamutu told the media that the villages are fighting to keep what they believe is their true heritage now claimed by the village of Afega as their own.

“This is our campaign to ensure our indigenous heritance to our land remains protected and secured from business interests and unfounded land claims from newly formed sub-villages such as Maulolo Tavita’s village,” said Umu.

He said the claim by Maulolo that the lands in question are rightfully theirs is fabricated and misleading claim.

Asked for their next move if the LTC President rejects the appeal, Umu said they have a strategy plan in place.

“We will file a fresh legal petition to find out the true owners of the lands,” he said.

Umu Pati Muaau who spoke on behalf of Levi and Alamutu at media conference yesterday.

Levi was not a party to the 1963 case
In 1963, Tuanai appealed a previous decision of the Court which ruled in favour of Afega. Levi did not appeal.

Then in 2014, there was another case between Levi and Afega and the Court ordered both parties to conduct separate survey of the lands which both did.

Maulolo said that in Court, Levi provided different aerial photos of the disputed land which he believed had no connection to the case.

Two months ago, the Court again ruled in favour of Afega in a matter between Afega and Tuanai.

Levi and Alamutu decided to appeal that decision as part of the decision affected lands at Levi, however, Afega started their excavation of these lands around that time which resulted in a stand-off between Levi and Afega.

Police intervened and both parties were called to a mediation at the Court on 15 September 2023.

The Ministry of Justice & Courts Administration Chief Executive Officer, Papalii John Taimalelagi relayed the LTC President decision to both Afega and Levi allowing Afega to continue their work on the disputed lands.

The CEO also reminded Levi that they did not appeal the 1963 case which ruled in favour of Afega.

Umu clarified that Levi and Alamutu were not officially represented as a party to the 1963 case hence their non-appeal of the decision then.

“There were only a few people from Levi that turned out to listen but not as a party to the case between Afega and Tuanai who is a neighbour of Afega.

Maulolo claimed both Levi and Alamutu were represented.

Civil claim against Afega
Umu confirmed that their lawyers have been instructed to file a civil claim against Afega for damages of properties.

The construction of new access roads from the Leauvaa border to Levi which had extended further on to Lotoso’a land destroyed crops such as cocoa and coconuts, breadfruits and bananas and general damage to the properties affected.

Levi is also filing for criminal charges against Maulolo for allegedly inciting violence and bribing the police.