Court Dismisses Afega’s Application to Recuse Chief Justice

By Lagi Keresoma/

Apia, SAMOA – 02 may 2024 – The Supreme Court has dismissed an application by the Alii ma Faipule of Afega to remove the Chief Justice, Satiu Simativa Perese from presiding over their land dispute case with the families of Leauva’a.

Justice Niava Mata Tuatagaloa delivered the decision today.

The application to remove the Chief Justice was based on his pre-determining the issue before the trial, that he is a Catholic and Leauvaa is pre-dominantly Catholic and his refusal to provide transcripts during the hearings on the 3^rd and 4^th April 2024 of the application.

“The application is dismissed and costs are reserved,” ruled Justice Tuatagaloa.

Leauva’a’s contempt of court
The contempt of court application filed by Leauva’a against Afega will be heard tomorrow.

The basis of the application is the refusal of Afega to honour the interim injunction order by Chief Justice Satiu to stop work on the disputed lands.

Leauva’a claims that Afega continued work against the order.

The substantive hearing
The substantive hearing of the original case by Leauva’a families on the infringement of their constitutional rights is scheduled to be heard on 15 May 2024.

The legal battle between the two parties started when the Alii ma Faipule of Afega last year implemented a court ruling of 1963 which named them as the owners of the disputed land.

While a later court decision ordered the families be removed, a decision of the Appeals Court in 2018 ruled that the lower court decision was not proper.

However, another court decision ruled to restore the eviction order that the Court of Appeals already ruled against and actioned by the Alii and Faipule of Afega to clear the families from the claimed disputed lands using heavy machinery and machetes.

This met opposition from families that have resided on the lands for over 50 years with their properties, plantations and livelihoods affected, hence the matter ending up in Court.

CLICK FOR THE FULL COURT DECISION:
Lauano Ors v President of LTC Ors_ Amosa Ors (Recusal Judgment) FINAL