[Home] [Databases] [WorldLII] [Search] [Copyright] [Privacy] [Disclaimers] [Help] [Feedback] Samoa - Index to Western Samoa Law Reports - 1930-1949

You are here:  PacLII >> Samoa - Index to Western Samoa Law Reports - 1930-1949

Samoa - Index to Western Samoa Law Reports - 1930-1949

WESTERN SAMOA LAW REPORTS

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 Marriage and divorce - ground of separation - offer of resumption of cohabitation during separation	High Court, Apia	11, 31 August 1931
Braisby (Inspector of Police) v Slipper Defamatory libel - whether Administrator Member of Legislative Council and Officer of Samoan Public Service	High Court, Apia	26, 27 & 28 February; 3 March 1930
Braisby (No 2) v Slipper Practice and procedure - application for leave to appeal to Privy Council - jurisdiction - rules of appeal	Supreme Court of New Zealand [1931] NZLR 268	15 September 1930
Braisby (Inspector of Police) v Nelson (Interim) Braisby (Inspector of Police) v Nelson (Final) 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)	High Court, Apia	(30 day hearing) Interim Judgment - 3 March 1934 Final Judgment - 7 March 1934
Bruce (John) v Fruen (David) Land - right to possession - claim to tenancy for life - compensation for improvements	High Court, Apia	22, 23, 24 & 28 May 1930
Churchward v Curtiss Shooting of dog by police - dog "at large" and diseased	High Court, Apia	24 August 1931
Gray v Gray Will - interpretation - misdescription of land - resulting conveyance	High Court, Apia	30 May 1932
In re Samoa Registration of Europeans Regulations, 1920 (The) and Schuster Registration of Europeans - definition of "Samoan"	High Court, Apia	2 November 1938
Island Tifaga Limited et al v Samoa Printing & Publishing Company Limited et al Defamation of corporation - defence of fair comment on a matter of public interest - onus of proof - standard of proof - malice	High Court, Apia	19, 20, 21 & 29 January 1932
McArthur & Co v Cornwall and Another (Ed: ".......... reproduced at the commencement of this Volume for its historic significance in the development of the law in the Pacific Islands.") 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	Privy Council [1892] AC 75	17, 18, 21& 24 July; 14 November 1891
Mauletaua (Tupuiva) v Falesiva, Fotu and Papua 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	High Court, Apia	20 January 17 February 1948
Meredith, as guardian ad litem of FN (an infant) v Nelson Trusts and Wills - removal of administrator by Court - principle of welfare of beneficiary - investment of trust funds - conflict of interest	High Court, Apia	12 January; 4 May 1932
Milford v Klinkmueller 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	High Court, Apia	6 & 21 December 1932
Mose v Masame et al 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	High Court, Apia	6 & 12 February 1948
Nelson v Apia Stevedoring Co Ltd Company law - shares - restrictions on transfer Practice and Procedure - company law - refusal of registration of transfer of shares - compelling registration	High Court, Apia	31 May 1932
Nelson v Braisby 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	Supreme Court of New Zealand (single judge) [1934] NZLR 228	27 March 1934
Nelson v Braisby (No. 3) 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	Supreme Court of New Zealand (full court) [1934] NZLR 636	29 June 1934
O.F. Nelson and Co Ltd v Collector of Customs and Taxes Revenue - Statutory Interpretation - licence fees and taxation - setting off	High Court, Apia	15 December 1937
Police v Ah Kiong et al Gaming - game of mixed chance and skill	High Court, Apia	25 February 1943
Police v Betham et al Having intoxicating liquor in possession for sale - burden of proof - property or ownership must pass for a consideration	High Court, Apia	19 May 1942
Police v Fabricus (Emil) Threatening, abusive or insulting words or behavior towards or in respect of officials - provoking breach of peace	High Court, Apia	10 & 17 June 1943
Police v Nelson (Rosabel) Police v Muench (Priscilla) Sedition; sentencing - discharge without conviction on conditions - Europeans convicted under The Maintenance of Authority in Native Affairs Ordinance	High Court, Apia	15 & 22 April 1930
Police v O. F. Nelson and Co Ltd Sedition - participating in, aiding and abetting activities of seditious organisation	High Court, Apia	27 January; 3, 13 & 21 February; 21 April 1931
Police v Fabricus Limited Emergency price controls - breach by sale of goods at higher than permitted prices	High Court, Apia	18 & 26 February 1934
Police v Osooso 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	High Court, Apia	23 & 30 September 1947
Police v Silulu Validity of Road Traffic Regulations - form of report	High Court, Apia	3 February 17 March 1939
Police v Tui Board of Health Regulations - breach of - defence - proper exercise of power conferred by enabling Act - prohibition of construction of Samoan fale on European land	High Court, Apia	22 February 1940
Police v Une et al Police v Vagaia Customary titles - appointment to title contrary to decision of Land and titles Commission	High Court, Apia	17 November 1932
Produce Inspector v Lausului Breach of licensing laws - cocoa beans - vicarious liability of licensee employed by trader	High Court, Apia	28 November 1946
R v Apia Stevedoring Co Ltd 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	High Court, Apia	17 & 25 October 1938
R v Official Assignee in Bankruptcy Claim for interest due under mortgage - failure to claim all remedies or relief available - Estoppel	High Court, Apia	9 December, 1930
Re Krauss & Preuss (In Liquidation), Paul v Samoan Public Trustee Estate - Setting aside balance-sheet as incorrect and ordering taking of accounts	High Court, Apia Civil Case	20 August 1927
Richard Lang & Co v R 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	High Court, Apia	15 & 29 September 1932
Samoan Public Trustee (The) v Collins (Annie) et al 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	High Court, Apia	20, 21 & 23 June 1933
Vanderbilt v R Immigration - prohibited immigrants - liability of owner, charterer and master of ship for expenses of detention, maintenance and deportation	High Court, Apia	21 April; 9 May 1932