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Samoa - Index to Western Samoa Law Reports - 1960-1969

WESTERN SAMOA LAW REPORTS

1960-1969

Compiled and edited by Neroni Slade
Barrister and Solicitor of the Supreme Court of Western Samoa

Case Name	Court and/or citation	Date of Judgment
Ah Chong & Co Ltd v Commissioner of Inland Revenue Limited liability company - remuneration of shareholders - taxation - burden of proof	Discretionary Review Board	25 & 26 November; 6 December 1965; 23 February 1966
Ailafo Ainu'u v Police Failure to fully and properly account for goods of employer entrusted to defendant as a trader - appeal against convictions - constitution - right against self-incrimination - principles applicable in criminal prosecutions where defendant unrepresented	Supreme Court	16 August 1968; 30 October 1969
Berking & Others v Betham Partnership - formation by mutual consent - absence of written agreement - dissolution	High Court	19 & 26 May 1960
IH Carruthers Ltd v Pereira Master and servant - goods of company entrusted to trader - failure of trader to account - contract of service - alleged oral variation of contract - whether trader liable for goods stolen	Supreme Court	24 June 1965
Collector of Customs v Rivers Smuggling - importation of goods - intent to defraud Customs of duty	High Court	1, 2 & 8 September 1960
Election Petition re A'ana North No. 3 Constituency Petitioners misled by polling booth official - whether affected election result - principles applicable in rejecting informal votes	Supreme Court	3 July; 29 October 1964
Election Petition re European Members Petition to have election declared void - irregularity - compilation of Supplementary Roll without public notice	High Court	3 & 16 March 1961
Election Petition re Fa'asalelaga No. 1 Constituency Petition to have election declared void - "irregularity"	High Court	24 February; 9 March 1961
Election Petition re Gagaifomauga No 2 Territorial Constituency Petition to avoid an election - corrupt or illegal practices - standard of proof	Supreme Court	10 May; 5 July 1967
Election Petition re Palauli East Constituency Petition to have election declared void - irregularities materially affecting result - evidence - proof	High Court	3 & 10 March 1961
Election Petition re Vaisigano No 1 Territorial Constituency Petition to avoid election - indiscriminate creation of Matai titles to obtain votes at election - illegal practices - standard of proof - functions of Registrar of Electors and Land and Titles Court	Supreme Court	11, 12 & 13 May; 11 August 1967
Howell v Samoa Newspapers Ltd Libel - newspaper publication - literal truth - unjustified inference - imputation against character	High Court	9 & 17 November 1961
Iere Muagutu Potea & Another v Police Murder - criminal procedure - motion for severance of joint accused - discretion of Court - interests of justice	Supreme Court	21 March; 7 May 1969
Lemalu Puia'i v Jessop Negligence - personal injuries from motor vehicle accident - special and general damages - assessment	Supreme Court	7, 8, 13, 28 & 29 November 1968; 30 July 1969
Methodist Church v Vaeau Injunction - use of building for religious services - rights of dismissed pastor to continue performing services in building - owners of building	High Court	8 & 22 August; 19 September 1960
Moors v Police Forgery - appeal against conviction	Court of Appeal	20 & 21 July 1964
Police v La'au Faletolu Road Traffic - dangerous driving - attempting to pass without clear view	High Court	22 September; 3 & 17 November; 7 December 1961
Police v Siaki Tuala Police Constable drunk while off-duty - dismissal - appeal - whether inquiry pursuant to regulations a bar to criminal prosecution - Constitution	Supreme Court	4 & 9 December 1969
Police v Tom Harrington Assault - intentionally applying force - lawful justification	High Court	22 December 1960; 19 January 1961
Police v Ulisese Ofoia Drunken driving - "state of intoxication" - conflicting evidence - statement obtained by police	High Court	15 & 22 December 1960
Rankin v Samoa Printing & Publishing Co Ltd Libel - newspaper publication - defence of fair comment on matter of public interest	High Court	9 & 23 March 1961
Re: Berking Contempt of Court - rehearing - reasonable opportunity to be heard in defence	High Court	15 & 22 December 1960
Re: Deed of Conveyance - Samoa Public Trustee & Arp Stamp duty - appeal against assessment - deed of conveyance of land - conveyance effective at time of verbal agreement or upon execution of deed of conveyance	Supreme Court	19 December 1962; 17 January 1963
Re: Kleis Appeal against appointment in Public Service - principles applicable - equality of positions	Public Service Board of Appeal	22 & 23 February 1967
Re: Nelson (deceased) Will - Interpretation - condition as to religion - severability - uncertainty - intention of testator	Supreme Court	27 & 28 June; 8 August 1963
Re: Petition of Seumanutafa Moepogai NOTE: Page 1 missing Application for incentives		18 July 1969
Re: Tapu Leota Contempt of Court - jurisdiction of Supreme Court - right of appeal	Court of Appeal	22 & 24 July 1964
Re: Will of O.F. Nelson Will - interpretation - condition as to religious upbringing - severability - whether void for uncertainty - intention of testator - public policy	Court of Appeal	21, 22 & 23 July; 9 October 1964
Rivers v E.A. Coxon & Co Ltd Wrongful dismissal - failure to manage in sound and efficient manner - mutual promises - breach of contract	Supreme Court	18 May; 5, 6, 20 July; 24 August 1962
Samoa Newspapers Ltd v Samoa Printing & Publishing Co Ltd Libel - newspaper publication - statements re officers of company not corporate entity	High Court	9 & 23 March 1961
Samoan Public Trustee v Annie Collins & Others Determination of next of kin - validity of marriage between national of USA and Samoan woman - marriage in Samoan custom - intestacy - succession - conflict of laws	Supreme Court of New Zealand (Full Court)	4, 5, 6 & 13 December 1961
Samoan Public Trustee v Meredith Action by widow and dependent children - death by accident - motor vehicle collision - negligence of defendant - forseeability of injuries - assessment and award of damages	Supreme Court	13, 14, 15 & 19 December 1967 21 March 1968
Sauvao Oto & Others v Police Wilful obstruction of surveyor or assistant - meaning of "obstruct" - appeal against conviction and sentence	Supreme Court	15 May; 6 July 1964
Sprague v Atoa Inquiry into misconduct of public servant - appeal against dismissal	Supreme Court	10 April; 5 May 1964
Ululoloa Dairy Co Ltd v Minister of Health Sale of goods - goods supplied and not paid for - absence of agreement re price - reasonable price	High Court	2 & 16 November 1961
Western Samoa Trust Estates Corp. v Leung Wai & Another Lease - determination and re-entry - notice of re-entry - injunction against lessees - possession	High Court	3, 10 & 17 August 1960
Yiu Hing v Yiu Hing Divorce - parties "living apart" - discretion in granting divorce	Supreme Court	2, 4 & 15 July 1969