Public Trustee v Lusi [1993] WSSC 4; CP 393-93 (23 November 1993)

IN THE SUPREME COURT OF WESTERN SAMOA
HELD AT APIA

C.P. 393/93

BETWEEN:

THE PUBLIC TRUSTEE
a corporation sole established under the Public Trust Office Act 1975
for and on behalf of the Estate of the late TOAMALAMA LEOSO, deceased
Plaintiff

AND:

SUA LUSI, OOILO 'IUISILA, MAISA TIATIA, PUNI TAFEA, VA LEATISUA, FOKETI BROWN, LAU TOELAU, FAAFOFOGA PAGAIALII aka FAAFOFOGA LAFAIALII, POO PAPALII, LAULU SUESUE, SU'A LOLOGA, LIMU MULIAGA and KILA POEINI,
all occupants of the Estate lands at Fugalei of the late TOAMALAMA LEOSO, deceased
First Defendants

AND:

FAAMOE ETENE, FALEALII LATU, TIMOTEO TIMOTEO, LEATI SAMIA SU'A, ITAMUA FAUSIA, ATAPUSI SU'A, LI'A FAUATEA, LAFAI ALAPATI, LIAIGA AFUVAI & MULIAGA AFUVAI, AVIA & LUAIPOU SAUVAO, LAAULI FAEE, IOKAPETA LUSI SU'A, KERETA MILO, TALAITUPU SOFA'I, FALE AlGA, LAFI SANERIVI, TUISILA POPEA and TALAITUPU SOFA'I, also occupants or former occupants of the Estate lands at Fugalei of the late TOAMALAMA LEOSO, deceased
Second Defendants

Counsel: Mr Tuimalealiifano for Plaintiff

Date of Decision: 23rd November 1993

DECISION OF SAPOLU, CJ

In approaching this matter, the Court has adopted the approach of whether there is a serious question to be tried and where does the balance of convenience lie. On the basis of the motion and the affidavits filed by the parties as well as the submissions made by counsel, the Court now makes the following orders:

(1) Firstly, an interim injunction is issued to restrain the defendants Iokapeta Lusi Su'a, Foketi Brown and Maisa Brown together with their servants, agents and employees from constructing any new buildings or structures on the estate property at Fugalei which is in dispute, or from further reclaiming any part of that estate property unless the purpose of such reclamation is for preserving the part or parts of the land they are presently occupying from erosion;

(2) Secondly, an interim injunction is issued to restrain all the other defendants together with their servants, agents and employees from constructing any new buildings or structures on the estate property at Fugalei which is in dispute, or from further reclaiming any part of that estate property.

The aforesaid orders are to remain in force until any further orders of this Court.

CHIEF JUSTICE