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Samoa - Index to Western Samoa Law Reports - 1970-1979

WESTERN SAMOA LAW REPORTS

1970-1979

 

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

Case Name	Court &/or citation	Date
Ah Mu v Ah Mu & Ah Mu (CA) 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	Court of Appeal	25 & 27 October 1977
Ao (Pauga) v Leota (Pu'a) et al Land law - Samoan freehold land held by a Samoan as an individual - customary rights of family and community not applicable - succession	Supreme Court	3, 4 & 18 August 1978
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 Breach of Civil Aviation Regulations - dangerous operation of aircraft - failure to meet aeroplane take-off performance requirements	Supreme Court	28 August 1972
A-G v Western Samoa National Provident Fund & Berking 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	Supreme Court	10 & 12 January 1979
Breckwoldt & Company Limited v Samoa Iron & Steel Fabricators Limited Sale of goods - conditions of sale specified on confirmation of order - merchantable quality of goods	Supreme Court	20 & 21 September; 14 October 1977
Breckwoldt & Company Limited v Samoa Iron & Steel Fabricators Limited (No. 2) Civil procedure - Judgment - settlement of date for conversion into Western Samoan currency where plaintiff entitled to judgment in $US	Supreme Court	2 February 1978
Breckwoldt & Company Limited v Samoa Iron & Steel Fabricators Limited (No. 3) Civil procedure - leave to appeal must be sought in spite of fact that appeal lies as of right	Supreme Court	1 May 1978
Commission of Inquiry and Tauvaga (Tofilau), In re: Function and Procedures of Commissions of Inquiry - natural justice	Supreme Court	28 November 1973
Commissioner of Inland Revenue v Samoa Printing & Publishing Company Limited 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	Supreme Court	25 & 29 September 1972
Commissioner of Inland Revenue v Samoa Printing & Publishing Company Limited (CA) Appeal - Error in Agreed Statement of Facts placed before trial judge by counsel	Court of Appeal	30 May; 1 June 1973
Commissioner of Inland Revenue v Western Samoa Handicrafts Industry Development Corporation Administrative law - statutory corporations - whether immune from taxation	Supreme Court	25 July; 3 August 1977
Commissioner of Labour v Electric Power Corporation Administrative law - statutory corporations - express terms required to constitute a statutory corporation	Supreme Court	12 & 22 July 1977
Election Petitions re Palauli North (Le Falefa) Territorial Constituency No. 41 Qualification of electors - Holders of a matai title appearing on Register of Matais - "lawful holder" - - unauthorized method of polling votes	Supreme Court	27, 28, 29 & 30 March; 18 & 23 July 1973
Election Petition re Gagaifomauga No. 1 Territorial Constituency No. 30 Qualifications of candidates - registration of matai title - procedural requirements, especially publication of particulars	Supreme Court	29 March; 5 September 1973
Election Petition re Fa'asaleleaga No. 4 Territorial Constituency No. 26 Candidates polling equal number of votes	Supreme Court	5 May 1976
Election Petition re Safata Territorial Constituency No. 13 Election - corrupt practices - bribery - standard of proof - evidence - accomplices - petition for declaration that election void	Supreme Court	17, 18 & 30 April; 10 May 1979
Election Petition re Individual Voter's Roll Election - corrupt practices - treating - distributing large quantities of beer and food	Supreme Court	26 April; 10 May 1979
Election Petition re Aleipata (Itupa i Lalo) Territorial Constituency No. 19 Elections - corrupt practices - bribery and treating - lavish gifts of food and money	Supreme Court	19, 20, 23 & 24 April; 10 May 1979
Election Petitions re Fa'asaleleaga No. 2 Territorial Constituency No. 24 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	Supreme Court	3, 4, 7 & 10 May 1979
Election Petition re Palauli North (Le Falefa) Territorial Constituency No. 41 (No. 2) Elections - corrupt practices - bribery - standard of proof - evidence - corroboration and accomplices	Supreme Court	1, 2 & 10 May 1979
Election Petition re Palauli North (Le Falefa) Territorial Constituency No. 41 (No. 3) Constitutional law - loss of citizenship on acquisition of another nationality - elections - qualifications of candidates	Supreme Court	1 & 3 October 1979
ET Oldhaver & Company Limited v A-G on behalf of Minister of Lands 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	Supreme Court	19 May; 17 June 1977
ET Oldhaver & Company Limited v A-G on behalf of Minister of Lands (CA) Appeal - Lease for a term of years with right of renewal - failure to give written notice to renew	Court of Appeal	25 & 27 October 1977
Fuala'au v Fuamatu Theft - appropriation of money by servant - defence of intention to repay - information amended to charge forgery	Supreme Court	3 July; 6 September 1974
International Finance & Services Limited v South Pacific Island Airways Inc & Wray & Steffany 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	Supreme Court	13 & 24 August 1979
Laufasa et al v A-G on behalf of Land Board of Western Samoa Appeal against decision of Land Board re lease to reclaimed land - civil procedure - form and procedure for appeal	Supreme Court	27 August 1979
Leia et al v Police Criminal law - sentencing process - previous convictions	Supreme Court	26, 29 & 30 November 1979
Leota (Lesitala) v Police Wilful damage - review of authorities - recklessness	Supreme Court	7 & 14 August 1978
Lone v Kalati Claim for damages for breach of bailment	Supreme Court	8 & 11 October 1979
Manuao (Leilua) v Police Criminal law - admissibility of evidence in other cases - receiving stolen property - judicial notice of prior convictions	Supreme Court	6 August 1979
Matatumua v Samoa Times (Apia) Limited & Fa'alogo Defamation - libel - plea of justification - proof of truth of material statements or "substance" - inaccuracies in detail not necessarily defeating plea	Supreme Court	4, 22 & 24 August; 13 September 1977
Meisake v Public Service Appeal Board 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	Supreme Court	23 September; 19 October; 16 November 1970; 13 January 1971
New Samoa Industries Limited v A-G Practice and Procedure - Discovery - State privilege to refuse disclosure of documents if such disclosure would be "injurious to the public interest"	Supreme Court	18 December 1978; 19 February 1979
Ng Lam v Ng Lam Petition for dissolution of marriage - separation for not less than 5 years - birth of child during "separation" - denial of paternity	Supreme Court	14 May; 12 August; 2 September 1971
Ng Lam v Ng Lam (No. 2) 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	Supreme Court	17 February 1972
Police v Alofia Jurisdiction of Magistrates' Courts - contempt of court - inherent power of courts to deal with contempt at common law	Supreme Court	12 & 17 October 1977
Police v Faisaovale, Paila, Mo'a & Sita Murder - joint accused - joint venture - proof of common intention - no evidence as to who fired shot	Supreme Court	15 October 1975
Police v Fuataga et al Criminal Law - Motion for severance of trials - 4 accused jointly charged with murder - interests of justice - Constitutional right to fair trial - conspiracy	Supreme Court	21 & 22 April 1970
Police v Iosefa & Sao Evidence - admissibility of confessions - theft - means of obtaining admissions - joint charge and proof of joint possession	Supreme Court	22 & 23 March; 11 & 12 April; 1 May 1978
Police v Meleisa Narcotics offences - possession and dealing - addiction as mitigation - sentencing	Supreme Court	18 August 1978
Police v Meredith Unauthorized parking on wharf - repugnancy re Regulations	Supreme Court	26 September 1972
Police v Moli & Eni Murder - joint accused - no evidence of which accused administered fatal blow - no evidence of common intent	Supreme Court	8 March 1979
Police v Musu Admissibility of evidence - statement to police by accused	Supreme Court	5 & 6 March 1975
Police v Patu Appeal from conviction for conspiracy to defraud - uncorroborated evidence of accomplice	Supreme Court	5 & 12 September 1977
Police v Pula Driving offences - negligent driving - failing to stop after an accident - driving under the influence of alcohol - driving "on a road"	Supreme Court	7 & 18 April 1978
Police v Tapa Sexual intercourse with girl under 21 alleged to be ward of accused and living as member of his family	Supreme Court	21 August; 13 September 1974
Police v To'alua, Taupulega, Si'omia, Sio (TP) & Sio (OP) Criminal procedure - Application for retrial - new evidence disclosed after trial - rape - contradictory medical evidence - relevance of victim's injuries to issue of consent	Supreme Court	3 & 6 December 1974
Police v Uasu et al Sentence for assault - Matai & wife convicted of assault but daughter pleading guilty to assume entire blame - perjury - duties of matai	High Court	4 & 5 September 1958
Price Control Officer v Morris Hedstrom Limited 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	Supreme Court	14 September 1972
Registrar of Electors and Voters v Macdonald Elections - qualifications of voters - new voters - statutory interpretation	Supreme Court	10 & 20 September 1979
Sale v Police Armed with a dangerous weapon without lawful purpose - Matai armed with a broomstick - purpose of "keeping the peace" - whether sufficient	Supreme Court	3 April 1978
Samoa Iron & Steel Fabrication Limited v Breckwoldt and Company Limited 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	Court of Appeal	30 & 31 October; 1 November 1978
Samoan Public Trustee v Patu 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	Supreme Court	25, 26, 27 & 28 October 1971; 27 January 1972
Sesega v Les� Theft by government employee - fee paid for forged document - whether fee property of government	Supreme Court	8 & 12 June 1970
Si'omia (Ti'a) v Police 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	Supreme Court	23 March 1970; 26 March 1971
Su'a (Tofamamao) v Su'a (Tamara Cecilia) Jurisdiction of Land and Titles Court - "customary land" - claim to house on land	Supreme Court	21 March; 17 April 1978
Timoteo (Tupe Peter) v Police 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	Supreme Court	30 October 1978
Tolova'a v Police 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	Supreme Court	5 December 1973
Tolova'a v Police (No. 2) Murder - provocation - plea of automatism - evidence of provocation	Court of Appeal	10 October 1974
Tuiletufuga v Tuiletufuga & Weaver Custody of children - welfare of child of paramount importance -	Supreme Court	24 & 29 August 1979
Tumanuvao v Police 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	Supreme Court	3 April; 1 May 1978
Ulugia (Alefosio, Lavata'i, Leaitu & Simo) v A-G, Stanley & Samoan Public Trustee Action for possession of customary land improperly incorporated in a subdivision - jurisdiction of Supreme Court - civil procedure - locus standi	Supreme Court	15 May 1978
Vili (Mila) v Police Speeding - apparent irregularity in information - appeal against conviction and penalty	Supreme Court	29 October 1976
Wesley v Police 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	Supreme Court	17 June; 7 July 1971
Western Samoa National Provident Fund Board v Samoa Holdings Ltd Constitutional Law - fundamental Rights - no compulsory acquisition of property without compensation - compulsory contributions by employer to employee benefit plan - taxation - attributes of a tax	Supreme Court	8 August; 2 November 1977
Western Samoa Trust Estates Corporation v Faisaovale Property law - adverse possession - claim by registered owner for recovery of land - Samoan customary communal holding - burden of proof	Supreme Court	28 April; 16 June 7 & 15 July; 9 August 1977

 

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