Court hears arguments if appeal over Levi disputed land should proceed or not

By Lagi Keresoma.

Apia, Samoa – 30 November 2023: The President of the Lands & Titles Court, Lesatele Rapi Vaai today heard the arguments for the court to decide if to allow or reject the appeal by the Alii & Faipule of Levi and Alamutu villages of Saleimoa over land that have been excavated and developed by Afega residents.

Representing Afega was Member of Parliament, Maulolo Tavita Amosa who pointed out to the Court that the Alii ma Faipule of Levi & Alamutu had opposed every order issued by the Court regarding the matter.

He referred to the order issued on 01 March 2023 where both parties were ordered to engage their own land surveyor to survey the disputed lands and report back to Court.

Maulolo said they complied with the order and paid $30,000 for a surveyor who conducted the survey for them and he explained that the boundaries disputed were not even on Levi but on Leauva’a’s side which is 15 meters from the Levi land.

Maulolo also informed the Court that Levi & Alamutu failed to obey the order of 15 September 2023 not to interfere with Afega working the land, but they did interfere and resulted in wounding one of the young man of Afega and damaging a heavy machine.

He also countered Levi & Alamutu’s claim that they were not a party to the 1963 case where the Court ruled in favour of Afega.

“Levi & Alamutu were represented by Sapa’u and Savea Ioane in the case in 1963,” said Maulolo.

Overall, he said that Afega obeyed the law in everything they had done, and if the Court allows the appeal knowing that Levi & Alamutu had gone against every decision and order issued by the Court then it raises concern about the Court following the law.

Some of the new roads developed by Afega on disputed land occupied by Levi villagers.

The Levi & Alamutu representative Umu Pati Muaau told the Court that they have new evidence from the New Zealand archives to substantiate their claim over the land.

He presented copies to the President who asked if they were presenting an expert witness to clarify the copies to which he said “no.”

Lesa then said it is a waste of time because the Court cannot draw from such evidence unless someone explains to the Court what the evidence represent.

Umu then talked about family properties, access roads, water pipes being damaged by the work done by Afega on the disputed land.

Lesa intervened and asked if they employed a surveyor to survey the land as ordered to which Umu said that they relied on maps provided by the Ministry of Natural Resources & Environment (MNRE).

Lesa explained that the reason why they asked both parties to engage their own surveyors to survey the land was because the boundaries are not clear in the current maps.

The President gave Umu another chance to counter what Maulolo had argued but Umu only touched on the damaged properties briefly then thanked the President for the opportunity but did not add any more to counter Maulolo’s presented arguments.

The Court will deliver its decision tomorrow afternoon whether to accept or reject Levi and Alamutu’s application for their appeal on the disputed lands to proceed.