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Index to Western Samoa Law Reports

1921-1929

Compiled by Neroni Slade
Barrister and Solicitor of the Supreme Court of Western Samoa

Case name

         

Date of Judgment

Braisby v Tamasese

4 & 5 December 1928

Arrest under warrant - criminal procedure - police - obstruction and threatening police in execution of duty - common law position - mens rea

Carruthers v Grey and Others

6 & 13 September 1921

Damage to consigned goods - whether responsibility of ship owner or stevedores

Gurr v So'oalo Po

2 June 1925

Estoppel - claim for possession of land - effect of judgment of German Imperial District Court - German rules of procedure

Haubold v Nillson

1 & 8 March 1921

Noise - damages and injunction claimed for nuisance

Hetherington and Others v Hetherington and Others

11 October 1926

Will construction - intention of testator - gift to a class

In re Tamasese, A Prisoner

9 & 21 February 1929

Habeas corpus - authority of mandated state

Inspector of Police v Samoa Guardian Newspaper

15 July 1929

Right to elect trial by assessors - application for appointment - discretion of court - principles

Inspector of Police v Tagaloa and Fuataga

8, 11 & 14 July 1927

Banishment Order - whether ultra vires as repugnant to the laws of England - form of punishment not contemplated by law

McCarthy v Samoa Guardian Newspaper

7 July 1928

Libel - malice - damages

Meredith v Stewart

24 & 27 September 1929

Contempt of Court - failure to pay judgment debt - rules of Court - stare decisis

Tagaloa and Fuataga v Inspector of Police

10, 11 & 21 October 1927

Banishment Order - Western Samoa - mandated territory - legislation of New Zealand Parliament - ultra vires- Repugnancy - Samoan Ordinance 1921

 

 

1930-1949

Compiled by Neroni Slade
Barrister and Solicitor of the Supreme Court of Western Samoa

Case name

         

Court and/or citation

         

Date of Judgment

B v B

High Court, Apia

11, 31 August 1931

Marriage and divorce - ground of separation - offer of resumption of cohabitation during separation

Braisby (Inspector of Police) v Slipper

High Court, Apia

26, 27 & 28 February; 3 March 1930

Defamatory libel - whether Administrator Member of Legislative Council and Officer of Samoan Public Service

Braisby (No 2) v Slipper

Supreme Court of New Zealand

15 September 1930

Practice and procedure - application for leave to appeal to Privy Council - jurisdiction - rules of appeal

[1931] NZLR 268

Braisby (Inspector of Police) v Nelson (Interim)

High Court, Apia

(30 day hearing) Interim Judgment - 3 March 1934

Braisby (Inspector of Police) v Nelson (Final)

Final Judgment - 7 March 1934

Sedition - Samoa Seditious Organisations Regulations

Evidence - Power of Court to amend informations to conform with the evidence - orders amending charges

(See also Nelson v Braisby below)

Bruce (John) v Fruen (David)

High Court, Apia

22, 23, 24 & 28 May 1930

Land - right to possession - claim to tenancy for life - compensation for improvements

Churchward v Curtiss

High Court, Apia

24 August 1931

Shooting of dog by police - dog "at large" and diseased

Gray v Gray

High Court, Apia

30 May 1932

Will - interpretation - misdescription of land - resulting conveyance

In re Samoa Registration of European Regulations, 1920 (The) and Schuster

High Court, Apia

2 November 1938

Registration of Europeans - definition of "Samoan"

Island Tifaga Limited et al v Samoa Printing & Publishing Company Limited et al

High Court, Apia

19, 20, 21 & 29 January 1932

Defamation of corporation - defence of fair comment on a matter of public interest - onus of proof - standard of proof - malice

McArthur & Co v Cornwall and Another

Privy Council

17, 18, 21 & 24 July; 14 November 1891

(Ed: ".......... reproduced at the commencement of this Volume for its historic significance in the development of the law in the Pacific Islands.")

[1892] AC 75

Pacific Islanders Protection Acts, 1872, 1875 - Order in Council, August 13, 1877 - Jurisdiction of High Commissioner's Court - Suit relating to Land in Samoa - Measure of damages for trespass

Mauletaua (Tupuiva) v Falesiva, Fotu and Papua

High Court, Apia

20 January; 17 February 1948

Samoan Custom - powers of village councils - rules for protection of property must be consistent with the law of the land - "Combined rule" by adjoining villages that straying or trespassing pigs could be killed and eaten inconsistent with both the law and Samoan custom

Meredith, as guardian ad litem of FN (an infant) v Nelson

High Court, Apia

12 January; 4 May 1932

Trusts and Wills - removal of administrator by Court - principle of welfare of beneficiary - investment of trust funds - conflict of interest

Milford v Klinkmueller

High Court, Apia

6 & 21 December 1932

Solicitor and client - duty of solicitor for vendor in conveyance of real property - personal liability of solicitor to client if he parts with title documents without receipt of whole consideration

Mose v Masame et al

High Court, Apia

6 & 12 February 1948

Samoan Custom - powers of village councils - condemnation and penalisation of accused without opportunity to be heard - rules of natural justice - liability for damages for illegal enforcement of penalty

Nelson v Apia Stevedoring Co Ltd

High Court, Apia

31 May 1932

Company law - shares - restrictions on transfer

Practice and Procedure - company law - refusal of registration of transfer of shares - compelling registration

Nelson v Braisby

Supreme Court of New Zealand (single judge)

27 March 1934

Samoa Act - Practice - Criminal Offences - Power of Supreme Court of New Zealand to stay execution and to release on bail appellant convicted by High Court of Samoa

[1934] NZLR 228

Nelson v Braisby (No. 3)

Supreme Court of New Zealand (full court)

29 June 1934

Practice - Appeal to Privy Council - jurisdiction of Supreme Court to grant leave to appeal from a judgment of the Supreme Court - on an appeal from the High Court of Western Samoa

[1934] NZLR 636

O.F. Nelson and Co Ltd v Collector of Customs and Taxes

High Court, Apia

15 December 1937

Revenue - Statutory Interpretation - licence fees and taxation - setting off

Police v Ah Kiong et al

High Court, Apia

25 February 1943

Gaming - game of mixed chance and skill

Police v Betham et ux

High Court, Apia

19 May 1942

Having intoxicating liquor in possession for sale - burden of proof - property or ownership must pass for a consideration

Police v Fabricus (Emil)

High Court, Apia

10 & 17 June 1943

Threatening, abusive or insulting words or behavior towards or in respect of officials - provoking breach of peace

Police v Muench (Priscilla)

High Court, Apia

15 & 22 April 1930

Police v Nelson (Rosabel)

Sedition; sentencing - discharge without conviction on conditions - Europeans convicted under The Maintenance of Authority in Native Affairs Ordinance

Police v O. F. Nelson and Co Ltd

High Court, Apia

27 January; 3, 13 & 21 February; 21 April 1931

Sedition - participating in, aiding and abetting activities of seditious organisation

Police v Fabricus Limited

High Court, Apia

18 & 26 February 1934

Emergency price controls - breach by sale of goods at higher than permitted prices

Police v Osooso

High Court, Apia

23 & 30 September 1947

Licensing laws - Road Traffic Amendment Ordinance - licence to carry passengers - liability of driver of motor vehicle employed by licensed owner - aiding and abetting owner to commit offence

Police v Silulu

High Court, Apia

3 February; 17 March 1939

Validity of Road Traffic Regulations - form of report

Police v Tui

High Court, Apia

22 February 1940

Board of Health Regulations - breach of - defence - proper exercise of power conferred by enabling Act - prohibition of construction of Samoan fale on European land

Police v Une et al

High Court, Apia

17 November 1932

Police v Vagaia

Customary titles - appointment to title contrary to decision of Land and titles Commission

Produce Inspector v Lausului

High Court, Apia

28 November 1946

Breach of licensing laws - cocoa beans - vicarious liability of licensee employed by trader

R v Apia Stevedoring Co Ltd

High Court, Apia

17 & 25 October 1938

Lighterage contracts - strict liability of common carriers for damage to goods carried - defences of Act of God, shipper's implied acceptance of risk and local custom negativing strict liability - proof of local custom or usage

R v Official Assignee in Bankruptcy

High Court, Apia

9 December 1930

Claim for interest due under mortgage - failure to claim all remedies or relief available - Estoppel

Re Krauss & Preuss GmbH (In Liquidation), Paul v Samoan Public Trustee

High Court, Apia

20 August 1927

Estate - Setting aside balance-sheet as incorrect and ordering taking of accounts

Civil Case

Richard Lang & Co v R

High Court, Apia

15 & 29 September 1932

Courts - jurisdiction - Jurisdiction of High Court of Western Samoa to adjudicate claims against HM the King in respect of the Government of New Zealand

Contracts - construction - ambiguity and extrinsic evidence - sale of land and goods - oral and documentary evidence

Samoan Public Trustee (The) v Collins (Annie) et al

High Court, Apia

20, 21 & 23 June 1933

Administration of Estates - Determination of next of kin - polygamous marriage - American national domiciled in Samoa - validity of marriage in custom - legitimacy of children - law applicable to succession - conflict of laws - historical retrospect - Marriage and Divorce - polygamous marriage in custom - dissolution of marriage in custom

Vanderbilt v R

High Court, Apia

21 April; 9 May 1932

Immigration - prohibited immigrants - liability of owner, charterer and master of ship for expenses of detention, maintenance and deportation

 

 

1950-1959

Compiled and edited by Neroni Slade
Barrister and Solicitor of the Supreme Court of Western Samoa

Case name

         

Court and/or citation

         

Date of Judgment

Alexander McDonald v Ululoloa Dairy Co Ltd

High Court, Apia

3 & 11 November 1958

Transport of goods by sea - damage to goods - signed receipt acknowledging goods in good order and condition - parole evidence re receipt - onus on plaintiff

A.M. McDonald & Co Ltd v U.S.S. Co Ltd

High Court, Apia

27 & 28 January; 24 & 31 March 1955

Cattle trespass - damage to property - faulty state of defendant's fence - negligence of plaintiff - damages apportioned

A.G. Smyth & Co Ltd v Nanai Fa'apu'u

High Court, Apia

4 & 11 February 1959

Trader managing store for plaintiff - goods and money of plaintiff received and not accounted for - action for recovery - duties of trader

Bartholomew Frost v Mua'au Etuale

High Court, Apia

19, 20 & 21 September; 6 October 1955

Possession of land and personal property - confused and conflicting evidence re location and ownership of land - freehold title

Burns Philp Co Ltd v Morgan

High Court, Apia

2 & 9 November 1956; 29 January 1957

Mortgage over leasehold - claim for moneys and goods advanced under mortgage - covenant to repay - surrender - rights of parties

E.A. Coxon & Co Ltd: Land Compensation

High Court, Apia

9, 23 & 31 July 1952

Taking of land by Government - application of compensation - valuation - what is "fair and reasonable"

Election Petition re: Fa'asaleleaga No. 2 Constituency

High Court, Apia

13 & 19 December 1957

Petition to avoid election - irregularity in commencing polling - failure to give notice of polling place

Gurau v Porritt

High Court, Apia

10 & 17 May 1956

Legal costs - transaction between plaintiff and defendant - agreement as to liability for costs - express or implied term

Gurau v Samoa Bulletin Ltd & Dunleavy

High Court, Apia

19 & 28 February 1957

Defamation - publication in newspaper - intemperate language - defence of justification and fair comment

Government v Douglas Atoa

High Court, Apia

12 & 13 April; 2 May 1957

Contract - sale of chattels - claim for possession and damages for detention - whether parties ad idem - mistake - ineffective approval of sale by Government - discretion of court - assessment of value of chattels

In re Moke T'ala

Supreme Court of New Zealand (Full Court)

19, 20 & 28 March 1956

Criminal law - evidence - accomplice - accessories before of after fact

Criminal law - practice - trial - judge with assessors - summing-up - rules relating to evidence of accomplices

In re Abner Duffy

High Court, Apia

12 February 1959

Estate - letters of administration - sureties and administration bond

Latwer v MacMillan

High Court, Apia

6 & 12 October 1950

Arrest - right of arrest by private citizen - damages for wrongful arrest

Land Compensation: E.A. Coxon & Co Ltd

High Court, Apia

9, 23 & 31 July 1952

Taking of land by Government - compensation - valuation - definition of fair and reasonable

Morris Hedstrom Ltd v Union Steamship Company Ltd

High Court, Apia

21 & 27 May 1954

Carriage of goods by lighter - damage by sea water - lighter unseaworthy - Act of God - agreement between parties - common law duty of carrier

Melei v Fitisemanu

High Court, Apia

27 August; 3 September 1959

Divorce - desertion - subsequent re-association - condonation

O. F. Nelson & Co Ltd: Land Compensation

High Court, Apia

1 August 1957

Assessment of compensation for land taken - whether title extends ad modium filum

Peter Plowman v The King

High Court, Apia

14 & 27 March 1952

Crown proceedings - wrongful dismissal - damages for injury to reputation

Peterson v Peterson

High Court, Apia

1 & 8 August 1957

Petition for divorce - wilful desertion - agreement to separate - sufficiency of evidence

Petition by the Samoan Public Trustee (Re:)

High Court, Apia

29 January 1957

Petition to determine validity of direction by High Commissioner; interest on funds belonging to enemy estates

Police v Berthold Matthes

High Court, Apia

21 & 28 August 1958

Escaped prisoner - whether providing meals and alcohol constitutes offence of aiding, harbouring and sheltering

Police v E.A. Coxon & Co Ltd

High Court, Apia

17 & 24 October 1958

"Home-trade ship" - certificate of survey - whether Harbour Master entitled to restrict vessel's activities by altering certificate - estoppel - invalidation of certificate

Police v Fuiono Fa'asega

High Court, Apia

11 September 1958

Forgery - accused writing own name on another's cheque - whether "false document"

Police v Gold Star Transport Co Ltd

High Court, Apia

10 & 16 June 1955

Road Traffic offence - omnibus carrying goods and luggage impeding entrance and exit - duties of driver - responsibility of owner

Police v Gold Star Transport Co Ltd

High Court, Apia

10 & 16 June 1955

Passenger service licence - whether condition as to stopping valid

Police v Jamieson

High Court, Apia

22 & 23 December 1958; 16 January 1959

Theft - witness possible accomplice - consideration of evidence - corroboration

Police v Laufau

High Court, Apia

12, 21 July; 7 August 1952

Theft of trees - ownership of land in dispute - bona fide claim of right

Police v Meredith

High Court, Apia

30 September; 7 & 20 October 1955

Theft - complicated and conflicting evidence - burden of proof - weight to be given to certain testimony

Police v Niko Crawley

High Court, Apia

1 & 8 July 1959

Resisting police messenger in execution of duty - whether messenger a "constable"

Police v Nua Etene Sa'aga

High Court, Apia

29 & 30 July; 5 & 7 August 1957

Theft and misappropriation - evidence confused - onus of proof

Police v Pavitt

High Court, Apia

6 December 1957; 24 January 1958

Road Traffic - carrying passengers for hire without licence - statutory construction

Police v Pisi Panapa

High Court, Apia

10 & 16 June 1955

Bus operated contrary to conditions of passenger service licence as to time-table - whether driver or owner the person "to carry on a passenger service"

Police v Samasoni Apa

High Court, Apia

27 & 28 March; 10 April 1958

Theft - written statement to police - criminal procedure - meaning of "voluntary" - weight and admissibility of statement

Police v Talaia

High Court, Apia

16 & 18 November 1954

Forgery - evidence - standard of proof

Police v Va'afusuaga Erika

High Court, Apia

13 & 28 June 1956

Perjury - bias on part of judge

Police v Walter and Others

High Court, Apia

8, 9 & 11 June 1959

Possession of intoxicating liquor - whether for purpose of sale

Police v Westerlund

High Court, Apia

1 & 3 September 1959

Giving Samoans written authority enabling them to procure intoxicating liquor - whether constitutes offence of giving or administering intoxicating liquor

Sanonu and Another v Sanele and Fonofono

High Court, Apia

19 & 24 October; 1 November 1956

Libel - letter sent to school re pupil - allegation of sexual misconduct

Savai'inea v Ilimaleota

High Court, Apia

7 & 14 February 1957

Unlicensed person dealing with undried copra for sale - meaning of "sale"

Tofa Nauer Ltd v Fepulea'i Luteru

High Court, Apia

26 August; 2 September 1954

Contract - sale of goods - trade debt - statutory interpretation

Thomas v Attorney-General

High Court, Apia

22 May; 27 June 1958

Wrongful dismissal - claim for damages - authority of Public Service Commissioner to enter into contract

High Court, Apia

3 & 10 February 1955

Vaito'elau v Tuiavi'i Telesei

Animals - right of destruction of trespassing pig

Va'afusuaga Erika v Police

Supreme Court of New Zealand (Full Court)

26 November 1956

Perjury - mistake in translation and recording evidence - Assessors in High Court not properly directed

 

 

1960-1969

Compiled and edited by Neroni Slade
Barrister and Solicitor of the Supreme Court of Western Samoa

Case Name

         

Court and/or citation

         

Date of Judgment

Ah Chong & Co Ltd v Commissioner of Inland Revenue

Discretionary Review Board

25 & 26 November; 6 December 1965; 23 February 1966

Limited liability company - remuneration of shareholders - taxation - burden of proof

Ailafo Ainu'u v Police

Failure to fully and properly account for goods of employer entrusted to defendant as a trader - appeal against convictions - constitution - right against self-incrimination - principles applicable in criminal prosecutions where defendant unrepresented

Supreme Court

16 August 1968; 30 October 1969

Berking & Others v Betham

High Court

19 & 26 May 1960

Partnership - formation by mutual consent - absence of written agreement - dissolution

Carruthers Ltd v Pereira

Supreme Court

24 June 1965

Master and servant - goods of company entrusted to trader - failure of trader to account - contract of service - alleged oral variation of contract - whether trader liable for goods stolen

Collector of Customs v Rivers

High Court

1, 2 & 8 September 1960

Smuggling - importation of goods - intent to defraud Customs of duty

Election Petition re A'ana North No. 3 Constituency

Supreme Court

3 July; 29 October 1964

Petitioners misled by polling booth official - whether affected election result - principles applicable in rejecting informal votes

Election Petition re European Members

High Court

3 & 16 March 1961

Petition to have election declared void - irregularity - compilation of Supplementary Roll without public notice

Election Petition re Fa'asalelaga No. 1 Constituency

High Court

24 February; 9 March 1961

Petition to have election declared void - "irregularity"

Election Petition re Gagaifomauga No 2 Territorial Constituency

Supreme Court

10 May; 5 July 1967

Petition to avoid an election - corrupt or illegal practices - standard of proof

Election Petition re Palauli East Constituency

High Court

3 & 10 March 1961

Petition to have election declared void - irregularities materially affecting result - evidence - proof

Election Petition re Vaisigano No 1 Territorial Constituency

Supreme Court

11, 12 & 13 May; 11 August 1967

Petition to avoid election - indiscriminate creation of Matai titles to obtain votes at election - illegal practices - standard of proof - functions of Registrar of Electors and Land and Titles Court

Howell v Samoa Newspapers Ltd

High Court

9 & 17 November 1961

Libel - newspaper publication - literal truth - unjustified inference - imputation against character

Iere Muagutu Potea & Another v Police

Supreme Court

21 March; 7 May 1969

Murder - criminal procedure - motion for severance of joint accused - discretion of Court - interests of justice

Lemalu Puia'i v Jessop

Supreme Court

7, 8, 13, 28 & 29 November 1968; 30 July 1969

Negligence - personal injuries from motor vehicle accident - special and general damages - assessment

Methodist Church v Vaeau

High Court

8 & 22 August; 19 September 1960

Injunction - use of building for religious services - rights of dismissed pastor to continue performing services in building - owners of building

Moors v Police

Court of Appeal

20 & 21 July 1964

Forgery - appeal against conviction

Police v La'au Faletolu

High Court

22 September; 3 & 17 November; 7 December 1961

Road Traffic - dangerous driving - attempting to pass without clear view

Police v Siaki Tuala

Supreme Court

4 & 9 December 1969

Police Constable drunk while off-duty - dismissal - appeal - whether inquiry pursuant to regulations a bar to criminal prosecution - Constitution

Police v Tom Harrington

High Court

22 December 1960; 19 January 1961

Assault - intentionally applying force - lawful justification

Police v Ulisese Ofoia

High Court

15 & 22 December 1960

Drunken driving - "state of intoxication" - conflicting evidence - statement obtained by police

Rankin v Samoa Printing & Publishing Co Ltd

High Court

9 & 23 March 1961

Libel - newspaper publication - defence of fair comment on matter of public interest

Re: Berking

High Court

15 & 22 December 1960

Contempt of Court - rehearing - reasonable opportunity to be heard in defence

Re: Deed of Conveyance - Samoa Public Trustee & Arp

Supreme Court

19 December 1962; 17 January 1963

Stamp duty - appeal against assessment - deed of conveyance of land - conveyance effective at time of verbal agreement or upon execution of deed of conveyance

Re: Kleis

Public Service Board of Appeal

22 & 23 February 1967

Appeal against appointment in Public Service - principles applicable - equality of positions

Re: Nelson (deceased)

Supreme Court

27 & 28 June; 8 August 1963

Will - Interpretation - condition as to religion - severability - uncertainty - intention of testator

Re: Petition of Seumanutafa Moepogai

18 July 1969

NOTE: Page 1 missing

Application for incentives

Re: Tapu Leota

Court of Appeal

22 & 24 July 1964

Contempt of Court - jurisdiction of Supreme Court - right of appeal

Re: Will of O.F. Nelson

Court of Appeal

21, 22 & 23 July; 9 October 1964

Will - interpretation - condition as to religious upbringing - severability - whether void for uncertainty - intention of testator - public policy

Rivers v E.A. Coxon & Co Ltd

Supreme Court

18 May; 5, 6, 20 July; 24 August 1962

Wrongful dismissal - failure to manage in sound and efficient manner - mutual promises - breach of contract

Samoa Newspapers Ltd v Samoa Printing & Publishing Co Ltd

High Court

9 & 23 March 1961

Libel - newspaper publication - statements re officers of company not corporate entity

Samoan Public Trustee v Annie Collins & Others

Determination of next of kin - validity of marriage between national of USA and Samoan woman - marriage in Samoan custom - intestacy - succession - conflict of laws

Supreme Court of New Zealand (Full Court)

4, 5, 6 & 13 December 1961

Samoan Public Trustee v Meredith

Supreme Court

13, 14, 15 & 19 December 1967; 21 March 1968

Action by widow and dependent children - death by accident - motor vehicle collision - negligence of defendant - forseeability of injuries - assessment and award of damages

Sauvao Oto & Others v Police

Supreme Court

15 May; 6 July 1964

Wilful obstruction of surveyor or assistant - meaning of "obstruct" - appeal against conviction and sentence

Sprague v Atoa

Supreme Court

10 April; 5 May 1964

Inquiry into misconduct of public servant - appeal against dismissal

Ululoloa Dairy Co Ltd v Minister of Health

High Court

2 & 16 November 1961

Sale of goods - goods supplied and not paid for - absence of agreement re price - reasonable price

Western Samoa Trust Estates Corp. v Leung Wai & Another

High Court

3, 10 & 17 August 1960

Lease - determination and re-entry - notice of re-entry - injunction against lessees - possession

Yiu Hing v Yiu Hing

Supreme Court

2, 4 & 15 July 1969

Divorce - parties "living apart" - discretion in granting divorce

 

 

1970-1979

Prepared & compiled by Neroni Slade
Barrister & Solicitor of the Supreme Court of Western Samoa

Case Name

         

Court &/or citation

         

Date of Judgment

Ah Mu v Ah Mu & Ah Mu (CA)

Court of Appeal

25 & 27 October 1977

Appeal against dismissal of action seeking a declaration of nullity of a deed of conveyance of land - credibility of witnesses - judge's assessment of evidence at trial

Ao (Pauga) v Leota (Pu'a) et al

Supreme Court

3, 4 & 18 August 1978

Land law - Samoan freehold land held by a Samoan as an individual - customary rights of family and community not applicable - succession

Apia Bottling Company Limited v A-G & Director of Economic Development

Administrative Law - Cabinet - exercise of discretionary powers - duty to act fairly - power to grant economic incentives to proposed enterprises - compliance with statutory requirements - equity - laches - civil procedure - declaratory judgment - how court's jurisdiction to be exercised

Supreme Court

27 & 28 February; 6 April 1979

A-G v Watson

Supreme Court

28 August 1972

Breach of Civil Aviation Regulations - dangerous operation of aircraft - failure to meet aeroplane take-off performance requirements

A-G v Western Samoa National Provident Fund & Berking

Supreme Court

10 & 12 January 1979

Administrative law - Statutory Corporations - Powers of appointment of managers and staff governed by empowering statute - civil procedure - role of declaratory orders in cases where other coercive measures inappropriate

Breckwoldt & Company Limited v Samoa Iron & Steel Fabricators Limited

Supreme Court

20 & 21 September; 14 October 1977

Sale of goods - conditions of sale specified on confirmation of order - merchantable quality of goods

Breckwoldt & Company Limited v Samoa Iron & Steel Fabricators Limited (No. 2)

Supreme Court

2 February 1978

Civil procedure - Judgment - settlement of date for conversion into Western Samoan currency where plaintiff entitled to judgment in $US

Breckwoldt & Company Limited v Samoa Iron & Steel Fabricators Limited (No. 3)

Supreme Court

1 May 1978

Civil procedure - leave to appeal must be sought in spite of fact that appeal lies as of right

Commission of Inquiry and Tauvaga (Tofilau), In re:

Supreme Court

28 November 1973

Function and Procedures of Commissions of Inquiry - natural justice

Commissioner of Inland Revenue v Samoa Printing & Publishing Company Limited

Supreme Court

25 & 29 September 1972

Company law - income tax - carrying forward of losses - change of shareholders - legal and beneficial ownership of shares under Agreement for Sale of Shares

Contract - Sale of total shareholding of company - whether vendors trustees for purchasers pending completion

Commissioner of Inland Revenue v Samoa Printing & Publishing Company Limited (CA)

Court of Appeal

30 May; 1 June 1973

Appeal - Error in Agreed Statement of Facts placed before trial judge by counsel

Commissioner of Inland Revenue v Western Samoa Handicrafts Industry Development Corporation

Supreme Court

25 July; 3 August 1977

Administrative law - statutory corporations - whether immune from taxation

Commissioner of Labour v Electric Power Corporation

Supreme Court

12 & 22 July 1977

Administrative law - statutory corporations - express terms required to constitute a statutory corporation

Election Petitions re Palauli North (Le Falefa) Territorial Constituency No. 41

Supreme Court

27, 28, 29 & 30 March; 18 & 23 July 1973

Qualification of electors - Holders of a matai title appearing on Register of Matais - "lawful holder" - - unauthorized method of polling votes

Election Petition re Gagaifomauga No. 1 Territorial Constituency No. 30

Supreme Court

29 March; 5 September 1973

Qualifications of candidates - registration of matai title - procedural requirements, especially publication of particulars

Election Petition re Fa'asaleleaga No. 4 Territorial Constituency No. 26

Supreme Court

5 May 1976

Candidates polling equal number of votes

Election Petition re Safata Territorial Constituency No. 13

Supreme Court

17, 18 & 30 April; 10 May 1979

Election - corrupt practices - bribery - standard of proof - evidence - accomplices - petition for declaration that election void

Election Petition re Individual Voter's Roll

Supreme Court

26 April; 10 May 1979

Election - corrupt practices - treating - distributing large quantities of beer and food

Election Petition re Aleipata (Itupa i Lalo) Territorial Constituency No. 19

Supreme Court

19, 20, 23 & 24 April; 10 May 1979

Elections - corrupt practices - bribery and treating - lavish gifts of food and money

Election Petitions re Fa'asaleleaga No. 2 Territorial Constituency No. 24

Supreme Court

3, 4, 7 & 10 May 1979

Jurisdiction of courts to investigate - Qualifications of voters including customary matters - conferring matai titles - objections to conferral of matai titles - customary reconciliation - corrupt practices - bribery and treating

Election Petition re Palauli North (Le Falefa) Territorial Constituency No. 41 (No. 2)

Supreme Court

1, 2 & 10 May 1979

Elections - corrupt practices - bribery - standard of proof - evidence - corroboration and accomplices

Election Petition re Palauli North (Le Falefa) Territorial Constituency No. 41 (No. 3)

Supreme Court

1 & 3 October 1979

Constitutional law - loss of citizenship on acquisition of another nationality - elections - qualifications of candidates

ET Oldhaver & Company Limited v A-G on behalf of Minister of Lands

Supreme Court

19 May; 17 June 1977

Lease for a term of years with right of renewal - failure to give written notice to renew - constructive notice - action for specific performance based on part performance - tenant at will - claim for relief against forfeiture

ET Oldhaver & Company Limited v A-G on behalf of Minister of Lands (CA)

Court of Appeal

25 & 27 October 1977

Appeal - Lease for a term of years with right of renewal - failure to give written notice to renew

Fuala'au v Fuamatu

Supreme Court

3 July; 6 September 1974

Theft - appropriation of money by servant - defence of intention to repay - information amended to charge forgery

International Finance & Services Limited v South Pacific Island Airways Inc & Wray & Steffany

Supreme Court

13 & 24 August 1979

Breach of contract - application for stay of proceedings - whether action oppressive or vexatious or an abuse of process - balance of convenience - principles applicable when parties resident outside jurisdiction

Laufasa et al v A-G on behalf of Land Board of Western Samoa

Supreme Court

27 August 1979

Appeal against decision of Land Board re lease to reclaimed land - civil procedure - form and procedure for appeal

Leia et al v Police

Supreme Court

26, 29 & 30 November 1979

Criminal law - sentencing process - previous convictions

Leota (Lesitala) v Police

Supreme Court

7 & 14 August 1978

Wilful damage - review of authorities - recklessness

Lone v Kalati

Supreme Court

8 & 11 October 1979

Claim for damages for breach of bailment

Manuao (Leilua) v Police

Supreme Court

6 August 1979

Criminal law - admissibility of evidence in other cases - receiving stolen property - judicial notice of prior convictions

Matatumua v Samoa Times (Apia) Limited & Fa'alogo

Supreme Court

4, 22 & 24 August; 13 September 1977

Defamation - libel - plea of justification - proof of truth of material statements or "substance" - inaccuracies in detail not necessarily defeating plea

Meisake v Public Service Appeal Board

Supreme Court

23 September; 19 October; 16 November 1970; 13 January 1971

Administrative Law - Natural justice - method of appointment of Public Service Commission - applicant's right of appeal - Civil Procedure - power of court to order joinder of parties discretionary - equitable principles

New Samoa Industries Limited v A-G

Supreme Court

18 December 1978; 19 February 1979

Practice and Procedure - Discovery - State privilege to refuse disclosure of documents if such disclosure would be "injurious to the public interest"

Ng Lam v Ng Lam

Supreme Court

14 May; 12 August; 2 September 1971

Petition for dissolution of marriage - separation for not less than 5 years - birth of child during "separation" - denial of paternity

Ng Lam v Ng Lam (No. 2)

Supreme Court

17 February 1972

Petition for dissolution of marriage - separation for not less than 5 years - wilful desertion - paternity of child born while "living apart" - Independent evidence of relationship between parties - corroboration

"Living apart" - casual and intermittent acts of sexual intercourse do not necessarily terminate separation - whole circumstances to be considered - likelihood of reconciliation - Court's discretion - general policy of law re irretrievable failure of marriage - wrongful conduct of a party

Police v Alofia

Supreme Court

12 & 17 October 1977

Jurisdiction of Magistrates' Courts - contempt of court - inherent power of courts to deal with contempt at common law

Police v Faisaovale, Paila, Mo'a & Sita

Supreme Court

15 October 1975

Murder - joint accused - joint venture - proof of common intention - no evidence as to who fired shot

Police v Fuataga et al

Supreme Court

21 & 22 April 1970

Criminal Law - Motion for severance of trials - 4 accused jointly charged with murder - interests of justice - Constitutional right to fair trial - conspiracy

Police v Iosefa & Sao

Supreme Court

22 & 23 March; 11 & 12 April; 1 May 1978

Evidence - admissibility of confessions - theft - means of obtaining admissions - joint charge and proof of joint possession

Police v Meleisa

Supreme Court

18 August 1978

Narcotics offences - possession and dealing - addiction as mitigation - sentencing

Police v Meredith

Supreme Court

26 September 1972

Unauthorized parking on wharf - repugnancy re Regulations

Police v Moli & Eni

Supreme Court

8 March 1979

Murder - joint accused - no evidence of which accused administered fatal blow - no evidence of common intent

Police v Musu

Supreme Court

5 & 6 March 1975

Admissibility of evidence - statement to police by accused

Police v Patu

Supreme Court

5 & 12 September 1977

Appeal from conviction for conspiracy to defraud - uncorroborated evidence of accomplice

Police v Pula

Supreme Court

7 & 18 April 1978

Driving offences - negligent driving - failing to stop after an accident - driving under the influence of alcohol - driving "on a road"

Police v Tapa

Supreme Court

21 August; 13 September 1974

Sexual intercourse with girl under 21 alleged to be ward of accused and living as member of his family

Police v To'alua, Taupulega, Si'omia, Sio (TP) & Sio (OP)

Supreme Court

3 & 6 December 1974

Criminal procedure - Application for retrial - new evidence disclosed after trial - rape - contradictory medical evidence - relevance of victim's injuries to issue of consent

Police v Uasu et al

High Court

4 & 5 September 1958

Sentence for assault - Matai & wife convicted of assault but daughter pleading guilty to assume entire blame - perjury - duties of matai

Price Control Officer v Morris Hedstrom Limited

Supreme Court

14 September 1972

Sale of goods in breach of Price Order and failure to display list of prices fixed by Price Control Board - statutory interpretation - drafting error creating ambiguity - application of ejusdem generis rule

Registrar of Electors and Voters v Macdonald

Supreme Court

10 & 20 September 1979

Elections - qualifications of voters - new voters - statutory interpretation

Sale v Police

Supreme Court

3 April 1978

Armed with a dangerous weapon without lawful purpose - Matai armed with a broomstick - purpose of "keeping the peace" - whether sufficient

Samoa Iron & Steel Fabrication Limited v Breckwoldt and Company Limited

Court of Appeal

30 & 31 October; 1 November 1978

Appeal against judgment for payment of drafts given in payment for galvanised steel - findings of fact - findings must be demonstrably wrong and not supported by the evidence - civil procedure - leave to adduce new evidence

Samoan Public Trustee v Patu

Supreme Court

25, 26, 27 & 28 October 1971; 27 January 1972

Torts (Negligence) - Common law duty of master to take reasonable care for safety of servants - contributory negligence - burden of proof - quantum of damages in fatal accidents - method of assessment

Customary ceremony held not to be in settlement of claim for damages for loss of life

Sesega v Lesã

Supreme Court

8 & 12 June 1970

Theft by government employee - fee paid for forged document - whether fee property of government

Si'omia (Ti'a) v Police

Supreme Court

23 March 1970; 26 March 1971

Criminal Law - burden of proof - presumption of innocence - evidential onus on accused to prove "lawful purpose" - legal burden of proving guilt beyond reasonable doubt remains on prosecution

Constitutional law - enactment by Legislature inconsistent with Constitution declared void to extent of inconsistency

Statutory Interpretation

Su'a (Tofamamao) v Su'a (Tamara Cecilia)

Supreme Court

21 March; 17 April 1978

Jurisdiction of Land and Titles Court - "customary land" - claim to house on land

Timoteo (Tupe Peter) v Police

Supreme Court

30 October 1978

Appeal against conviction for unlawful sexual intercourse - proper conduct of trial - inadmissible evidence of conversations - false written statements - cross-examination without leave - no self-direction by trial judge as to evidence and prior inconsistent statements - alleged admission of guilt unsupported by relevant admissible testimony - effect of evidence of son regarding father's denial not weighed

Tolova'a v Police

Supreme Court

5 December 1973

Criminal procedure - trial with assessors - Right and duty of assessors to deliberate in private - irregularity in principle of privacy and fair trial - application for retrial

Tolova'a v Police (No. 2)

Court of Appeal

10 October 1974

Murder - provocation - plea of automatism - evidence of provocation

Tuiletufuga v Tuiletufuga & Weaver

Supreme Court

24 & 29 August 1979

Custody of children - welfare of child of paramount importance -

Tumanuvao v Police

Supreme Court

3 April; 1 May 1978

Evidence - statement to police - voluntariness - procedure to determine admissibility - criminal procedure - procedure for "voir dire" - distinction between admissibility and weight of statement - admissibility of past wrong doing - corroboration - magistrate's failure to deal with discrepancies in evidence - Magistrate's personal knowledge

Ulugia (Alefosio, Lavata'i, Leaitu & Simo) v A-G, Stanley & Samoan Public Trustee

Supreme Court

15 May 1978

Action for possession of customary land improperly incorporated in a subdivision - jurisdiction of Supreme Court - civil procedure - locus standi

Vili (Mila) v Police

Supreme Court

29 October 1976

Speeding - apparent irregularity in information - appeal against conviction and penalty

Wesley v Police

Supreme Court

17 June; 7 July 1971

Criminal Law (Appeal) - Hearing and determination - function of appellate court re: proper inference to be drawn from facts - onus on appellant to show Magistrate's decision wrong

Evidence - Identification - credibility of witnesses - method of assessing credibility

Western Samoa National Provident Fund Board v Samoa Holdings Ltd

Supreme Court

8 August; 2 November 1977

Constitutional Law - fundamental Rights - no compulsory acquisition of property without compensation - compulsory contributions by employer to employee benefit plan - taxation - attributes of a tax

Western Samoa Trust Estates Corporation v Faisaovale

Supreme Court

28 April; 16 June 7 & 15 July; 9 August 1977

Property law - adverse possession - claim by registered owner for recovery of land - Samoan customary communal holding - burden of proof

 

 

1980-1993

Case Name

         

Court &/or citation

         

Date of Judgment

Advisory Opinion on the Constitution (Legal Aid)

Supreme Court

23 August; 18 October 1988

Constitution - advisory opinion - free legal assistance - right to counsel of choice

Alaelua v Land and Titles Court & Others

Supreme Court

18 June; 16 July 1992

Jurisdiction - Land and Titles Court - ousting jurisdiction of Supreme Court - whether a decision of Land and Titles Court could be sought to be set aside as a nullity in Supreme Court

Alaelua & Others v Land & Titles Court v Others

Court of Appeal

11 November 1992

Practice and Procedure - consent order on appeal

Constitutional law - Land and Titles Board orders are subject to review by the Supreme Court

Aiga v Police

Court of Appeal

2 November 1990

Aiding and abetting grievous bodily harm - appeal against conviction and sentence

Anoama'a East Election: re Faamatuainu & Others v Moananu

Supreme Court

10 & 12 June 1991

Electoral law - petition - bribery, treating and undue influence

A-G & Others v Saipa'ia & Others

Court of Appeal

14, 15 & 16 July 1982

Constitutional law - validity of sections of Electoral Act under Constitution

Australia and New Zealand Bank Group v Ale

Supreme Court

December 1991

Contract - bank draft - unjust enrichment - bona fide mistake

Bank of Western Samoa v Agricultural Supplies Limited and Others

Supreme Court

6 February; 19 April 1991

Contract - default order - guarantors liability - named signatory does not sign - clause in contract validating guarantee if signatory does not sign

Bank of Western Samoa v Suisala & Others

Court of Appeal

5 & 8 November 1991

Guarantee - execution of document -director of Bank as guarantor - innocent misrepresentation - liability for debt

Brown v Bank of Western Samoa

Supreme Court

22 May; 3 July 1986

Contract - breach - failure to complete purchase of land - entitlement to deposit on failure to complete - misrepresentation by agent - vendor's remedies

Contract - agency - when did auctioneer cease to act as agent

Land - sale of land - mortgagees right to find another buyer on failure of completion of sale - interpretation of contract

Chong Wong v Police

Court of Appeal

4 & 7 November 1991

Grievous bodily harm - aims and objectives of sentencing process - general principles of an appellate court when reviewing exercise of discretionary power by Judge

Chu Ling v Bank of Western Samoa (No. 1)

Supreme Court

4 September 1987

Land law - mortgagee sale - interim injunction - whether leave required for bank to exercise powers of sale under s367 Samoa Act

Constitutional law - inconsistent legislation - s367 Samoa Act and Constitution

Chu Ling v Bank of Western Samoa (No. 2)

Supreme Court

25 January; 5 February 1988

Contract - guarantee - identity of principal debtor unclear - account could not be considered a contract debt - whether account was in name of a legal entity

Congregational Christian Church in Samoa v Tauga

Supreme Court

1 April; 13 May 1971

Practice and Procedure - unincorporated association - lease void for uncertainty as to maximum duration - unincorporated association cannot hold as lessee

Curry & Curry v Tiafau Hotels Ltd & Others

Court of Appeal

9 & 13 November 1992

Land laws - rectification of deed of conveyance to reflect parties' true intention

Development Bank of Western Samoa v Suhren & Suhren

Supreme Court

28 January; 13 April 1983

Claim to recover loan - defence of Limitation Act

Estate of Carruthers re: Carruthers

Supreme Court

30 April; 9 May 1991

Will - Administration Act - exclusion of widow from will - moral duty to provide - no conduct by widow disentitling her to provision under estate - value of the estate

Estate of Carruthers re: Carruthers

Will - Administration Act - Testator under moral duty to provide for spouse - no conduct by widow disentitling her from provision under estate - value of estate - provision of money to provide home and provision to provide income in lump sum or annual sum

Court of Appeal

6 May 1992

Faafua v Police

Court of Appeal

13 November 1992

manslaughter - sentencing - provocation

Faasaleleaga No. 4 Territorial Constituency re: Vui

Supreme Court

28 June 1991

Electoral law - petition - bribery and treating - supporter's campaign committee acting on candidate's behalf - standard of proof

Faataualofa v Board of Western Samoa National Provident Fund

Supreme Court

12, 13 & 19 February 1992

Employment law - unfair dismissal - dismissal for misconduct - breach of contract

Faatoafe v Police

Court of Appeal

10 & 13 November 1992

Unlawful carnal knowledge of 13 year old girl - appeal against conviction - corroboration

Falealupo Territorial Constituency re: Aeau v Mafasolia & Others

Supreme Court

June 1991

Interpretation of Electoral Act - universal suffrage - Practice Note from Chief Justice

Falelatai & Samatau Constituency: re Lutena

Supreme Court

12, 13, 16, 17, 18, 19 & 20 August 1982

Election law - bribery and treating - credibility of evidence

Fatupaito v Public Service Board of Appeal

Supreme Court

15 October 1980

Applicability of Article 9(1) of Constitution to Board of Appeal - production of documents - summons to produce - rules of natural justice - contrary intention in legislation

Feagai v Western Samoa Shipping Corporation

Supreme Court

24 March; 2 April 1993

Negligence - personal injury to worker - assessment of damages - loss of right leg - accident compensation

Fiame & Aigasalevalasi v Land and Titles Court

Supreme Court

2 & 16 September 1987

Application to strike out claim - procedures of Land and Titles Board - exclusive jurisdiction of Board

Fong (David) Application: Law Practitioners Act 1976

Supreme Court

8 April 1983

Barrister and solicitor - application for restoration of name to roll

Hoskin & Hoskin v Silva & Silva

Supreme Court

1 August 1990

Contract - breach - failure to pay - counter-claim for defective and poor workmanship - damages sought

Iofi, Rev v Keil

Supreme Court

7, 8, 11 & 12 November 1985

Contract - termination - abandonment - sub-standard of work on house - claim for exemplary, general and loss of profit damages

Keil v Polynesian Airlines Ltd & Polynesian Airlines Operations Ltd

Supreme Court

28 May 1987

Employment law - breach of contract of service -whether implied terms in termination provisions - termination clause clear and unambiguous

Keil v Polynesian Airlines Limited & Others

Court of Appeal

1 November 1990; 8 January 1991

Employment law - breach of contract of service - whether implied terms regarding termination - express provisions prevailed

Keil & Keil v Nonumalo

Supreme Court

17 & 20 May; 4 & 5 July; 25 August 1983

Land law - agreement for exchange of land - conveyance to complete exchange transaction

Lauofo Meti Properties & Others v Morris Hedstrom Samoa Limited, Mobil Oil Australia Limited & Others

Supreme Court

30 November; 14 August 1990

Tort - negligence of Fire Service - statutory and common law duties of care - statutory interpretation - duty not to make a situation worse - breach - damages

Civil procedure - Limitation Act

Lealaisalanoa v Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints

Supreme Court

12 September; 25 October 1988

Jurisdiction - declaratory judgments - leave to amend pleadings

Lefaga & Faleaseela Territorial Constituency re: Taula v Le Mamea & Others

Supreme Court

24 & 27 June 1991

Interpretation of Electoral Act - universal suffrage - costs

L.T. Endemann & Company v Roebeck & Philipp t/as Samoa Handcraft Incorporation

Supreme Court

11 & 17 February 1992

Contract law - contractual relationship can create a fiduciary relationship - implied term - Defendant's personal liability

Company law - limited liability - existence of company when contract entered into - genuine belief company duly incorporated - liability of agent

Leulupoao & Others v Sa & Others

Supreme Court

7, 8 & 13 April 1983

Land law - "customary land" not subject to Limitation Act - Land and Titles Court has jurisdiction for dispute between Samoans re: customary land

Lucy v A-G

Supreme Court

12 & 21 June 1990

Contract - term - gratuity - method of calculation - definition of salary - contract silent on pay intervals - pay advice slip indicated days worked

Malifa & Lima (Samoa Observer) v Tauiliili

Court of Appeal

November 1992 9 March 1993

Defamation - assessment of damages - trial verdict replaced by Court of Appeal verdict

Matatumua v Public Service Commission & Others

Supreme Court

16 & 17 August; 7 September 1988

Employment law - wrongful dismissal - change in title of job not a change in substance - retrospectivity - removal of independent reports favourable to Plaintiff from Commission of Inquiry - abuse of public office - mandamus order sought requiring tribunal to perform public duty and reinstate Plaintiff - damages, both general and exemplary

Milford Builders Ltd v Western Samoa Shipping Corp; A-G & Others

Supreme Court

23 June 1987

Civil Procedure - requirement to give notice to intended defendant before action is commenced

Mika v Polynesian Airlines (Holdings) Limited

Court of Appeal

12 & 13 November 1992

Employment law - entitlement to long service benefits - interest on sum claimed

Milford Builders Company Ltd v Milford Construction Ltd & A-G

Supreme Court

20 July 1988

Application for leave to bring proceedings against 2nd Defendant - civil procedure - Limitation Act

Molesi & Tufuga v Police

Court of Appeal

11 & 13 November 1992

Theft as a servant and forgery - sentencing

Morris Hedstrom Limited v H & J Retzlaff Limited

Supreme Court

14 & 17 August 1992

Tort - conversion of bundles of timber - mistake is no defence to claim in conversion - no damages for unlawful detention

Motoi & Vaomua v Western Samoa National Provident Fund Board

Supreme Court

13 June 1990

Employment law - "unfair dismissal" - not excluded by Labour and Employment Act - assessment of general damages

Olosa'a v Police

Court of Appeal

7 November 1990

Criminal law - arson - leave to appeal - special leave - no written transcript of Magistrate's decision - inconsistencies in prosecution evidence

Pacific Commercial Bank Ltd v Nonumalo

Supreme Court

2 & 5 October 1992

Contract - bank loan - personal overdraft - guarantee - enforcement at selection of Plaintiff

Pacific Commercial Bank Limited v Uria & Uria

Supreme Court

2 May 1990

Civil procedure - application for rehearing of a civil claim - principles reviewed - possible defence disclosed

Penlan Holdings (Samoa) Ltd v Johnson

Supreme Court

19 August 1992

Interim injunction - vehicle not to be sold or disposed of by Defendant until action settled - full disclosure on ex parte application - undertaking as to damages - Rules on Directions - timetabling of disputes

Petaia v Supreme Court of Western Samoa

Court of Appeal

5 November; 19 December 1990

Contempt of Court - definition - jurisdiction on appeal - judicial precedent

Philipp v L.T. Endemann & Company Limited

Court of Appeal

10 & 13 November 1992

Contract - non-existent company - personal liability of individual

Police v Alaiva'a

Supreme Court

22 March 1983

Unlawful sexual intercourse with woman between 12 and 16 years - statutory defence - elements of defence

Police v Faatoafe (No. 1)

Supreme Court

19 February 1992

Unlawful carnal knowledge - corroboration - evidence

Police v Faatoafe (No. 2)

Supreme Court

8 April 1992

Re-hearing application - grounds of new evidence not available at trial

Police v Piula

Court of Appeal

1, 2 & 4 February 1993

Constitutional law - right of accused to consult a lawyer without delay

Criminal law - duties of police on arrest of a person

Police v Stehlin

Court of Appeal

12 November 1992; 24 March 1993

Narcotics offences - constitutional validity of s28B Narcotics Act - admissibility of evidence

Police v Vui & Others

Supreme Court

Decision - 25 March 1983

Criminal law - separation of charges and evidence - proof beyond reasonable doubt - extended definition of theft

Public Service Commission v Public Service Board of Appeal

Supreme Court

15 October 1980

Practice and procedure - power of Board of Appeal to order costs

Rentway Rentals Limited v National Pacific Insurance Limited

Supreme Court

25 October; 30 November 1988

Contract law - car rental contract - whether insurance contract covered accident to intoxicated thief - onus of proof on Defendant to show hirer acquiesced to car being driven by another

Contract law - accident - fraudulent claim to insurance company - responsibilities of insured

Retzlaff v Western Samoa Airport Authority & Polynesian Airline Holdings Limited

Supreme Court

18 & 19 November 1991

Negligence - breach of airport rules - personal injuries - assessment of damages - contributory negligence

Saipa'ia and Others v A-G and Others

Supreme Court

26 February; 8 March; 5 April 1982

Constitutional law - inconsistent legislation - Electoral Act - discrimination - convention debates used to interpret - integration of Samoan custom and modern national government

Salape v Public Service Commission and Eves

Supreme Court

11 May 1982

Public Service Commission procedures for appointments

Sale'imoa Plantation Ltd v Atoa (No. 1)

Supreme Court

12 & 15 July 1985

Application to strike out claim for trespass - plaintiff not registered owner - beneficial owner entitled to bring action

Sale'imoa Plantation Ltd v Atoa (No. 2)

Supreme Court

9 & 13 August 1985

Land law - Procedure to lapse a caveat - registration when prevented by caveat invalid

Sanerivi v Public Service Commission

Public Service Appeal Board

23, 24, 25 & 30 March 1992

Administrative law - appeal against dismissal - failure to comply with proper procedures and directions - improper conduct - bringing Public Service into disrepute - natural justice - general penalty

Skelton v Tagiilima & Others

Supreme Court

22 August 1991

Succession - land dispute - no probate - administration of estate - application for injunction

Suemalo v Western Samoa Trust Estates Corporation (No. 1)

Supreme Court

2 November 1983

Civil procedure - non-compliance with order for discovery "within the time specified" - affidavits in contentious matters to be sworn before an outside solicitor

Suemalo v Western Samoa Trust Estates Corporation (No. 2)

Supreme Court

14 November; 6 December 1985

Motor vehicle accident - widow's claim for herself and children - quantum - funeral expenses - loss of future earnings - loss of consortium and companionship

Tapua'i v Tago Toalua

Supreme Court

25 August 1980

Libel and slander - special damages - "matai"

Tauiliili v Malifa & Lima (Samoa Observer)

Supreme Court

27, 29 & 30 August; 2-5 September 1991

Defamation - publication of article in newspaper - defence of justification - assessment of damages - aggravation of further publications

Te'o v Kamu & Retzlaff

Supreme Court

20 & 26 July 1993

Civil procedure - third party - motion to have Defendant refused leave to issue third party notice

Toelupe v Police

Court of Appeal

1 & 3 February 1993

Theft as a servant - sentencing

Tuivaiti v Sila & Others

Supreme Court

17 December 1980

Tort - Civil conspiracy, intimidation, trespass, loss of earnings - punitive damages - breaches of Constitution

Vaifale v Misa and Others

Supreme Court

25 August 1980

Practice and Procedure - warrants to commit to prison

Vaotuua & Others v A-G & Others

Supreme Court

22 March; 29 April 1988

Application to strike out allegations of vicarious liability of A-G and Commissioner of Police for assaults by police

Vermeulen v A-G

Supreme Court

15 & 16 August; 1 September 1988

Tax law - damages - whether loss of salary constitutes a benefit - interest payable on judgment sum - source deduction payments - whether Treasury an "employer"

Vermeulen v A-G & Others

Supreme Court

3-7, 10-14, 17-21 September 1984; 2 May 1985

Administrative Law - judicial review - natural justice - Commission of Inquiry

Civil Procedure - Res judicata - estoppel - previous action for mandamus - Defendants electing not to testify

Constitutional Law - Misfeasance in public office - "malice" - Public Service Commission - Constitution Art 15(1) and Art 87

Exemplary damages - aggravated compensatory damages

Western Samoa Trust Estates Corporation v Suemalo

Supreme Court

1986

Interest on damages - payable only after judgment

Western Samoa Trust Estates Corporation v Tuionoula

Supreme Court

23 September; 31 October 1986

Customary land - agreement to relocate by exchange of land during World War II - validity of agreement - unlawful entry onto land - assessment of damages for trespass - exemplary/aggravated damages


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