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Samoa - Index to Western Samoa Law Reports - 1950-1959 |
WESTERN SAMOA LAW REPORTS
1950-1959
Compiled and edited by Neroni Slade
Barrister and Solicitor of the Supreme Court of Western Samoa
Case Name
Court
and/or citationDate of
JudgmentAlexander McDonald v Ululoloa Dairy Co Ltd
Cattle trespass - damage to property - faulty state of defendant's fence - negligence of plaintiff - damages apportionedHigh Court, Apia
27 & 28 January;
24 & 31
March 1955A.M. McDonald & Co Ltd v U.S.S. Co Ltd
Transport of goods by sea - damage to goods - signed receipt acknowledging goods in good order and condition - parole evidence re receipt - onus on plaintiffHigh Court, Apia
3 & 11
November 1958A.G. Smyth & Co Ltd v Nanai Fa'apu'u
Trader managing store for plaintiff - goods and money of plaintiff received and not accounted for - action for recovery - duties of traderHigh Court, Apia
4 & 11
February 1959Bartholomew Frost v Mua'au Etuale
Possession of land and personal property - confused and conflicting evidence re location and ownership of land - freehold titleHigh Court, Apia
19, 20 & 21 September;
6 October 1955Burns Philp Co Ltd v Morgan
Mortgage over leasehold - claim for moneys and goods advanced under mortgage - covenant to repay - surrender - rights of partiesHigh Court, Apia
2 & 9
November 1956;
29 January 1957E.A. Coxon & Co Ltd: Land Compensation
Taking of land by Government - application of compensation - valuation - what is "fair and reasonable"High Court, Apia
9, 23 & 31
July 1952Election Petition re: Fa'asaleleaga No. 2 Constituency
Petition to avoid election - irregularity in commencing polling - failure to give notice of polling placeHigh Court, Apia
13 & 19
December 1957Gurau v Porritt
Legal costs - transaction between plaintiff and defendant - agreement as to liability for costs - express or implied termHigh Court, Apia
10 & 17
May 1956Gurau v Samoa Bulletin Ltd & Dunleavy
Defamation - publication in newspaper - intemperate language - defence of justification and fair commentHigh Court, Apia
19 & 28
February 1957Government v Douglas Atoa
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 chattelsHigh Court, Apia
12 & 13 April;
2 May 1957In re Moke Ta'ala
Criminal law - evidence - accomplice - accessories before of after fact
Criminal law - practice - trial - judge with assessors - summing-up - rules relating to evidence of accomplicesSupreme Court of
New Zealand
(Full Court)19, 20 & 28
March 1956In re Abner Duffy
Estate - letters of administration - sureties and administration bondHigh Court, Apia
12 February 1959
Latwer v MacMillan
Arrest - right of arrest by private citizen - damages for wrongful arrestHigh Court, Apia
6 & 12
October 1950Land Compensation: E.A. Coxon & Co Ltd
Taking of land by Government - compensation - valuation - definition of fair and reasonableHigh Court, Apia
9, 23 & 31
July 1952Morris Hedstrom Ltd v Union Steamship Company Ltd
Carriage of goods by lighter - damage by sea water - lighter unseaworthy - Act of God - agreement between parties - common law duty of carrierHigh Court, Apia
21 & 27
May 1954Melei v Fitisemanu
Divorce - desertion - subsequent re-association - condonationHigh Court, Apia
27 August;
3 September 1959O. F. Nelson & Co Ltd: Land Compensation
Assessment of compensation for land taken - whether title extends ad modium filumHigh Court, Apia
1 August 1957
Peter Plowman v The King
Crown proceedings - wrongful dismissal - damages for injury to reputationHigh Court, Apia
14 & 27
March 1952Peterson v Peterson
Petition for divorce - wilful desertion - agreement to separate - sufficiency of evidenceHigh Court, Apia
1 & 8
August 1957Petition by the Samoan Public Trustee (Re:)
Petition to determine validity of direction by High Commissioner; interest on funds belonging to enemy estatesHigh Court, Apia
29 January 1957
Police v Berthold Matthes
Escaped prisoner - whether providing meals and alcohol constitutes offence of aiding, harbouring and shelteringHigh Court, Apia
21 & 28
August 1958Police v E.A. Coxon & Co Ltd
"Home-trade ship" - certificate of survey - whether Harbour Master entitled to restrict vessel's activities by altering certificate - estoppel - invalidation of certificateHigh Court, Apia
17 & 24
October 1958Police v Fuiono Fa'asega
Forgery - accused writing own name on another's cheque - whether "false document"High Court, Apia
11 September 1958
Police v Gold Star Transport Co Ltd
Road Traffic offence - omnibus carrying goods and luggage impeding entrance and exit - duties of driver - responsibility of ownerHigh Court, Apia
10 & 16
June 1955Police v Gold Star Transport Co Ltd
Passenger service licence - whether condition as to stopping validHigh Court, Apia
10 & 16
June 1955Police v Jamieson
Theft - witness possible accomplice - consideration of evidence - corroborationHigh Court, Apia
22 & 23
December 1958;
16 January 1959Police v Laufau
Theft of trees - ownership of land in dispute - bona fide claim of rightHigh Court, Apia
12, 21 July;
7 August 1952Police v Meredith
Theft - complicated and conflicting evidence - burden of proof - weight to be given to certain testimonyHigh Court, Apia
30 September;
7 & 20
October 1955Police v Niko Crawley
Resisting police messenger in execution of duty - whether messenger a "constable"High Court, Apia
1 & 8
July 1959Police v Nua Etene Sa'aga
Theft and misappropriation - evidence confused - onus of proofHigh Court, Apia
29 & 30 July;
5 & 7
August 1957Police v Pavitt
Road Traffic - carrying passengers for hire without licence - statutory constructionHigh Court, Apia
6 December 1957;
24 January 1958Police v Pisi Panapa
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"High Court, Apia
10 & 16
June 1955Police v Samasoni Apa
Theft - written statement to police - criminal procedure - meaning of "voluntary" - weight and admissibility of statementHigh Court, Apia
27 & 28 March;
10 April 1958Police v Talaia
Forgery - evidence - standard of proofHigh Court, Apia
16 & 18
November 1954Police v Va'afusuaga Erika
Perjury - bias on part of judgeHigh Court, Apia
13 & 28
June 1956Police v Walter and Others
Possession of intoxicating liquor - whether for purpose of saleHigh Court, Apia
8, 9 & 11
June 1959Police v Westerlund
Giving Samoans written authority enabling them to procure intoxicating liquor - whether constitutes offence of giving or administering intoxicating liquorHigh Court, Apia
1 & 3
September 1959Sanonu and Another v Sanele and Fonofono
Libel - letter sent to school re pupil - allegation of sexual misconductHigh Court, Apia
19 & 24
October;
1 November 1956Savai'inea v Ilimaleota
Unlicensed person dealing with undried copra for sale - meaning of "sale"High Court, Apia
7 & 14
February 1957Tofa Nauer Ltd v Fepulea'i Luteru
Contract - sale of goods - trade debt - statutory interpretationHigh Court, Apia
26 August
2 September 1954Thomas v Attorney-General
Wrongful dismissal - claim for damages - authority of Public Service Commissioner to enter into contractHigh Court, Apia
22 May;
27 June 1958Vaito'elau v Tuiavi'i Telesei
Animals - right of destruction of trespassing pigHigh Court, Apia
3 & 10
February 1955Va'afusuaga Erika v Police
Perjury - mistake in translation and recording evidence - Assessors in High Court not properly directedSupreme Court of
New Zealand
(Full Court)26 November 1956
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