Afega makes new push on land dispute with Leauva’a despite court order

By Lagi Keresoma/

Apia, Samoa – 03 December 2024 – Afega village is making a new push to take over land occupied by Leauva’a-uta residents by using heavy machinery to remove concrete and rock walls and digging a ditch around a Catholic church to cut off access to the church.

This is the latest development on the land dispute since the Supreme Court issued an order in September to stay the execution of three recent Land and Titles Court decisions that included the eviction of Leauva’a families residing on the disputed lands.

The Supreme Court order emphasized the stay of proceedings until the Leauva’a appeal is heard in the Lands and Titles Appeal and Review Court which has yet to be established.

Removing stone and concrete fences in last weeks push by Afega village.

Afega recognizes only the Lands and Titles Court decisions
After a Village Council meeting yesterday, Afega’s spokesman and Member of Parliament, Maulolo Tavita Amosa explained their latest actions saying the meeting was representative of the village despite the absence of some of the family heads at the meeting.

Maulolo told the media that there had been nine (9) Lands and Titles Court decisions dating back to the 1930’s when the matter was first brought to court and all decisions name Afega as the owner of the land.

“As owners, we will continue to work the land,” Maulolo stated.

Maulolo is also adamant that no other court can overrule or change those decisions set down by the Lands and Titles Court which their village is standing by.

Last weekend, Afega used heavy machinery to pull down fences on several family homes and dug a ditch around the Catholic Church to cut access to the church and families living behind the church.

One of the fences before.

And the fence after last weeks work.

Some of the families Talamua spoke to yesterday at Leauva’a-uta were clearing out some of their belongings and leaving their homes.

They knew the Afega Village Council was meeting yesterday so they wanted to clear some of their belongings before Afega return to continue their work.

Leauva’a apply for an ex-parte order of arrest
Meanwhile, Leauva’a has already filed a contempt of court application against Afega over breach of court order.

Last week, they applied to the Supreme Court for an ex-parte order to arrest members of the Afega village council breaching the court order.

When the matter was recalled before Justice Niava Mata Tuatagaloa last week, she told both sides that the solution was “in your hands” and indicated the need for consultation between the disputing parties.

“Soalaupule ma talanoa. Instead, Leauvaa applied to the Supreme Court for an ex-parte order to arrest Afega,” Maulolo told the media.

He said that is the reason for the latest dispute…. the application for an ex-parte order to arrest.

“We and even our lawyer were not aware of this,” he said.

Maulolo said they want peace and harmony but Leauva’a continue to work on the disputed lands.

He also blamed the media for “twisting their words which resulted in the public accusing and criticizing Afega.”

He said the issue is getting very sensitive and they had advised Leauva’a to discuss matters, however they opted to make announcements on social media.

“So the time to discuss is over,” said Maulolo.

“We are working and following what has been delivered by the Lands and Titles Court,” he said.

Of the 723 acres gifted to Leauva’a, Maulolo said that about 40% of the lands are vacant and overgrown with weeds and forest. But the Leauva’a residents have gone outside of the 723 acres and occupied land Afega claim as theirs that is in the center of the dispute.

He also claimed that Leauva’a has sold off some of the lands previously gifted to them.