Chief Justice dismiss LTC motion to strike out a judicial review

By Lagi Keresoma/

Apia, SAMOA – 15 April 2026: Chief Justice Satiu Simativa Perese has dismissed a claim by the Lands and Title Court to strike out a judicial review motion on a decision it delivered in August 2022.

The Applicants for a judicial review are Fonoti Pagamalie Kalolo Stowers, To’omata Paulo Stowers, To’omata Veronica Stowers, Tasipale Mikaele, Toilolo Pio Stowers, Conzuella Sheppard, Tumua Justin Stowers and Tauiliili Silutalevi.

The Respondent is the Lands and Titles Court.

Background to the application
On 25 August 2022, LTC delivered a decision which the Applicants believe is a “breach of their rights to a fair trial” under Article 9 of the Constitution.

Central to the case is the dispute over the rightful heirs to the Mata title of Vaimoso.

Most of the Applicants reside abroad and they wrote to the LTC Registrar that they could not attend the hearing of the matter on the allocated date because of the border closures due to COVID-19.

The LTC President however decided to go ahead with the hearing because “it was not clear when the border would reopen” then directed the Applicants to have someone represent them.

Eight months later, a decision was delivered.

According to the Applicants, LTC denied them their right to a fair hearing which meant the hearing was procedurally unfair and, specifically, was held in breach of their right to natural justice.

The Respondents argument
The Respondent Lands & Titles Court applied to the Supreme Court to strike out the Applicants claim in its entirety.

The Respondent said that the claim and affidavit in support do not disclose an arguable case and secondly, the claim was frivolous and vexatious and amounts to an abuse of process.

With regards to the breach of Article 9, the Respondent believes the Applicant’s reliance on Article 9 is “misconceived.”

“The Article 9 right is only available if an Applicant can demonstrate a practical impossibility in accessing or participating in proceedings, which the Applicant in this case has failed to show.

“The first named Applicant represented the family in the LTC proceedings and the second to the eighth named Applicants claim that they could not participate effectively because most were in New Zealand, but this does not constitute a breach of Art 9, given that representation existed,” claimed the Respondent.

The Lands & Titles Court highlighted that it is not under any obligation to serve documents on every individual family member where representation exists.

Decision
In passing judgment, the Chief Justice believed this was a case about the right to a fair trial.

“The Applicants say that their right to a fair trial has been breached, this is their arguable case, and the Court agrees with them,” said Chief Justice Perese.

He also said that whilst the Respondent put up a strong argument, the Court considers that the Applicants’ challenge is arguable.

“For the reasons outlined above, there is no merit in the Respondent’s application to strike out the Applicants claim, and it is therefore dismissed,” he said.

The costs are appropriate, and Counsel are to confer, and if unable to resolve then they are to file memoranda within 14 days of the date of this judgment and the matter listed in the Civil Mentions on Monday this week to allocate a hearing of 2 days.