Fuimaono v Kasimani [2009] WSSC 64 (25 June 2009)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

BETWEEN:

ASAUA FUIMAONO
of Iliili, American Samoa, Solicitor.
Plaintiff

AND:

FUATAGA KASIMANI
for himself and on behalf of the Village of Lalomanu of Vaoala & Lalomanu, Matai,
LETOA GASE and children of Lalomanu, Matai,
MALAGA SAMUELA of Lalomanu, Matai,
FOTU AFIOGA of Lalomanu, Matai,
TOGAGAE APELU of lalomanu, Matai,
POLOA SETU and children of Laomanu, Matai,
FUATAGA PEMITA’s children of Lalomanu,
MAUMALO OLIVE’s children of Lalomanu and
TOGI ALAMA of Lalomaun, Planter and others.
Defendants

Counsel: S K Ainu’u for plaintiff
T K Enari and R Wendt for defendants

Ruling: 25 June 2009

RULING OF SAPOLU CJ

1. These proceedings are concerned with the second motion dated 7 April 2009 by the plaintiff for an interim injunction against the defendants together with their agents, servants, workmen and any other person acting by or under their authority.
   
2. After several adjournments on application by counsel for the defendants, written submissions were filed on behalf of both the plaintiff and the defendants by their respective counsel.
   
3. I have considered those submissions and the affidavits filed by the parties bearing in mind the usual criteria which the Court takes into consideration when deciding whether to grant an interim or interlocutory injunction. Those criteria are whether there is a serious question to be tried, where the balance of convenience lies, and the overall justice of the case.
   
4. I have come to the conclusion that until further order, an interim injunction is issued to restrain the defendants together with their agents, servants, workmen and any other person acting by or under their authority from harassing, abusing, threatening or otherwise interfering with the plaintiff, his agents and workmen in retracing the original survey of the land which is the subject of the present dispute between the plaintiff and the defendants.
   
5. Costs reserved.
   

CHIEF JUSTICE

Solicitors
Meredith & Ainuu Law Firm
Kruse Enari & Barlow Law Firm