Afega ask to recuse Chief Justice from their case with Leauva’a

By Lagi Keresoma/

Apia, SAMOA – 17 April 2024: The Ali’i ma Faipule of Afega have applied to recuse His Honour the Chief Justice Satiu Simativa Perese from presiding over their land dispute case with the people of Leauva’a.

The application was heard in chambers yesterday between counsels of all parties to the case that include the Attorney General for the Lands and Titles Court, the Samoa Law Society as the Intervener and the counsels representing Afega and Leauva’a.

Prior to the meeting in chambers, the court was to hear a contempt of court case against Afega for refusing to obey the Supreme Court interim injunction issued last week to stop work on the disputed lands.

However, with the latest application, His Honour referred the matter to the Supreme Court mention next week to finalise a day to hear the application to recuse him from hearing the case.

All other pending matters relating to the case will now have to take second place as priority is now on hearing and the outcome of the recusal application.

Other matters include the hearing of the matter whether the Supreme Court has jurisdiction to overrule a decision of the Lands and Titles Court and on constitutional rights.

The Afega recusal application will be mentioned next week to set a date for hearing.