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Samoa - Index to Western Samoa Law Reports - 1980-1993

WESTERN SAMOA LAW REPORTS

1980-1993

 

Case Name	Court &/or citation	Date
Advisory Opinion on the Constitution (Legal Aid) Constitution - advisory opinion - free legal assistance - right to counsel of choice	Supreme Court	23 August; 18 October 1988
Alaelua v Land and Titles Court & Others Jurisdiction - Land and Titles Court - ousting jurisdiction of Supreme Court - whether a decision of Land and Titles Court could be sought to be set aside as a nullity in Supreme Court	Supreme Court	18 June; 16 July 1992
Alaelua & Others v Land & Titles Court v Others Practice and Procedure - consent order on appeal Constitutional law - Land and Titles Board orders are subject to review by the Supreme Court	Court of Appeal	11 November 1992
Aiga v Police Aiding and abetting grievous bodily harm - appeal against conviction and sentence	Court of Appeal	2 November 1990
Anoama'a East Election: re Faamatuainu & Others v Moananu Electoral law - petition - bribery, treating and undue influence	Supreme Court	10 & 12 June 1991
A-G & Others v Saipa'ia & Others Constitutional law - validity of sections of Electoral Act under Constitution	Court of Appeal	14, 15 & 16 July 1982
Australia and New Zealand Bank Group v Ale Contract - bank draft - unjust enrichment - bona fide mistake	Supreme Court	December 1991
Bank of Western Samoa v Agricultural Supplies Limited and Others Contract - default order - guarantors liability - named signatory does not sign - clause in contract validating guarantee if signatory does not sign	Supreme Court	6 February 19 April 1991
Bank of Western Samoa v Suisala & Others Guarantee - execution of document -director of Bank as guarantor - innocent misrepresentation - liability for debt	Court of Appeal	5 & 8 November 1991
Brown v Bank of Western Samoa Contract - breach - failure to complete purchase of land - entitlement to deposit on failure to complete - misrepresentation by agent - vendor's remedies Contract - agency - when did auctioneer cease to act as agent Land - sale of land - mortgagees right to find another buyer on failure of completion of sale - interpretation of contract	Supreme Court	22 May; 3 July 1986
Chong Wong v Police Grievous bodily harm - aims and objectives of sentencing process - general principles of an appellate court when reviewing exercise of discretionary power by Judge	Court of Appeal	4 & 7 November 1991
Chu Ling v Bank of Western Samoa (No 1) Land law - mortgagee sale - interim injunction - whether leave required for bank to exercise powers of sale under s367 Samoa Act Constitutional law - inconsistent legislation - s367 Samoa Act and Constitution	Supreme Court	4 September 1987
Chu Ling v Bank of Western Samoa (No 2) Contract - guarantee - identity of principal debtor unclear - account could not be considered a contract debt - whether account was in name of a legal entity	Supreme Court	25 January; 5 February 1988
Congregational Christian Church in Samoa v Tauga Practice and Procedure - unincorporated association - lease void for uncertainty as to maximum duration - unincorporated association cannot hold as lessee	Supreme Court	1 April; 13 May 1981
Curry & Curry v Tiafau Hotels Ltd & Others Land laws - rectification of deed of conveyance to reflect parties' true intention	Court of Appeal	9 & 13 November 1992
Development Bank of Western Samoa v Suhren & Suhren Claim to recover loan - defence of Limitation Act	Supreme Court	28 January; 13 April 1983
Estate of Carruthers (Richard Hetherington) Will - Administration Act - exclusion of widow from will - moral duty to provide - no conduct by widow disentitling her to provision under estate - value of the estate	Supreme Court	30 April; 9 May 1991
Estate of Carruthers (Richard Hetherington) - re Caruthers Will - Administration Act - Testator under moral duty to provide for spouse - no conduct by widow disentitling her from provision under estate - value of estate - provision of money to provide home and provision to provide income in lump sum or annual sum	Court of Appeal	6 May 1992
Faafua v Police manslaughter - sentencing - provocation	Court of Appeal	13 November 1992
Faasaleleaga No. 4 Territorial Constituency re: Vui Electoral law - petition - bribery and treating - supporter's campaign committee acting on candidate's behalf - standard of proof	Supreme Court	28 June 1991
Faataualofa v Board of Western Samoa National Provident Fund Employment law - unfair dismissal - dismissal for misconduct - breach of contract	Supreme Court	12, 13 & 19 February 1992
Faatoafe v Police Unlawful carnal knowledge of 13 year old girl - appeal against conviction - corroboration	Court of Appeal	10 & 13 November 1992
Falealupo Territorial Constituency re: Aeau v Mafasolia Interpretation of Electoral Act - universal suffrage - Practice Note from Chief Justice	Supreme Court	June 1991
Falelatai & Samatau Constituency: re Lutena Election law - bribery and treating - credibility of evidence	Supreme Court	12, 13, 16, 17, 18, 19 & 20, 23 August 1982
Fatupaito v Public Service Board of Appeal Applicability of Article 9(1) of Constitution to Board of Appeal - production of documents - summons to produce - rules of natural justice - contrary intention in legislation	Supreme Court	15 October 1980
Feagai v Western Samoa Shipping Corporation Negligence - personal injury to worker - assessment of damages - loss of right leg - accident compensation	Supreme Court	24 March; 2 April 1993
Fiame & Aigasalevalasi v Land and Titles Court Application to strike out claim - procedures of Land and Titles Board - exclusive jurisdiction of Board	Supreme Court	2 & 16 September 1987
Fong (David) Application: Law Practitioners Act 1976 Barrister and solicitor - application for restoration of name to roll	Supreme Court	8 April 1983
Hoskin & Hoskin v Silva & Silva Contract - breach - failure to pay - counter-claim for defective and poor workmanship - damages sought	Supreme Court	1 August 1990
Iofi, Rev v Keil Contract - termination - abandonment - sub-standard of work on house - claim for exemplary, general and loss of profit damages	Supreme Court	7, 8, 11 & 12 November 1985
Keil v Polynesian Airlines Ltd & Polynesian Airlines Operations Ltd Employment law - breach of contract of service -whether implied terms in termination provisions - termination clause clear and unambiguous	Supreme Court	28 May 1987
Keil v Polynesian Airlines Limited & Others Employment law - breach of contract of service - whether implied terms regarding termination - express provisions prevailed	Court of Appeal	1 November 1990; 8 January 1991
Keil v Nonumalo Land law - agreement for exchange of land - conveyance to complete exchange transaction	Supreme Court	17 & 20 May; 4 & 5 July; 25 August 1983
Lauofo Meti Properties & Others v Morris Hedstrom Samoa Limited, Mobil Oil Australia Limited & Others Tort - negligence of Fire Service - statutory and common law duties of care - statutory interpretation - duty not to make a situation worse - breach - damages Civil procedure - Limitation Act	Supreme Court	30 November; 14 August 1990
Lealaisalanoa v Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints Jurisdiction - declaratory judgments - leave to amend pleadings	Supreme Court	12 September; 25 October 1988
Lefaga & Faleaseela Territorial Constituency re: Taula v Le Mamea & Others Interpretation of Electoral Act - universal suffrage - costs	Supreme Court	24 & 27 June 1991
L.T. Endemann & Company v Roebeck & Philipp t/as Samoa Handcraft Incorporation Contract law - contractual relationship can create a fiduciary relationship - implied term - Defendant's personal liability Company law - limited liability - existence of company when contract entered into - genuine belief company duly incorporated - liability of agent	Supreme Court	11 & 17 February 1992
Leulupoao & Others v Sa & Others Land law - "customary land" not subject to Limitation Act - Land and Titles Court has jurisdiction for dispute between Samoans re: customary land	Supreme Court	7, 8 & 13 April 1983
Lucy v A-G Contract - term - gratuity - method of calculation - definition of salary - contract silent on pay intervals - pay advice slip indicated days worked	Supreme Court	12 & 21 June 1990
Malifa & Lima (Samoa Observer) v Tauiliili Defamation - assessment of damages - trial verdict replaced by Court of Appeal verdict	Court of Appeal	November 1992 9 March 1993
Matatumua v Public Service Commission & Others Employment law - wrongful dismissal - change in title of job not a change in substance - retrospectivity - removal of independent reports favourable to Plaintiff from Commission of Inquiry - abuse of public office - mandamus order sought requiring tribunal to perform public duty and reinstate Plaintiff - damages, both general and exemplary	Supreme Court	16 & 17 August; 7 September 1988
Milford Builders Ltd v Western Samoa Shipping Corp; A-G & Others Civil Procedure - requirement to give notice to intended defendant before action is commenced	Supreme Court	23 June 1987
Mika v Polynesian Airlines (Holdings) Limited Employment law - entitlement to long service benefits - interest on sum claimed	Court of Appeal	12 & 13 November 1992
Milford Builders Company Ltd v Milford Construction Ltd & A-G Application for leave to bring proceedings against 2nd Defendant - civil procedure - Limitation Act	Supreme Court	20 July 1988
Molesi & Tufuga v Police Theft as a servant and forgery - sentencing	Court of Appeal	11 & 13 November 1992
Morris Hedstrom Limited v H & J Retzlaff Limited Tort - conversion of bundles of timber - mistake is no defence to claim in conversion - no damages for unlawful detention	Supreme Court	14 & 17 August 1992
Motoi & Vaomua v Western Samoa National Provident Fund Board Employment law - "unfair dismissal" - not excluded by Labour and Employment Act - assessment of general damages	Supreme Court	13 June 1990
Olosa'a v Police Criminal law - arson - leave to appeal - special leave - no written transcript of Magistrate's decision - inconsistencies in prosecution evidence	Court of Appeal	7 November 1990
Pacific Commercial Bank Ltd v Nonumalo Contract - bank loan - personal overdraft - guarantee - enforcement at selection of Plaintiff	Supreme Court	2 & 5 October 1992
Pacific Commercial Bank Limited v Uria Civil procedure - application for rehearing of a civil claim - principles reviewed - possible defence disclosed	Supreme Court	2 May 1990
Penlan Holdings (Samoa) Ltd v Johnson Interim injunction - vehicle not to be sold or disposed of by Defendant until action settled - full disclosure on ex parte application - undertaking as to damages - Rules on Directions - timetabling of disputes	Supreme Court	19 August 1992
Petaia v Supreme Court of Western Samoa Contempt of Court - definition - jurisdiction on appeal - judicial precedent	Court of Appeal	5 November; 19 December 1990
Philipp v L.T. Endemann & Company Limited Contract - non-existent company - personal liability of individual	Court of Appeal	10 & 13 November 1992
Police v Alaiva'a Unlawful sexual intercourse with woman between 12 and 16 years - statutory defence - elements of defence	Supreme Court	22 March 1983
Police v Faatoafe (No. 1) Unlawful carnal knowledge - corroboration - evidence	Supreme Court	19 February 1992
Police v Faatoafe (No. 2) Re-hearing application - grounds of new evidence not available at trial	Supreme Court	8 April 1992
Police v Piula Constitutional law - right of accused to consult a lawyer without delay Criminal law - duties of police on arrest of a person	Court of Appeal	1, 2 & 4 February 1993
Police v Stehlin Constitutional law - Narcotics offences - constitutional validity of s28B Narcotics Act - admissibility of evidence	Court of Appeal	12 November 1992; 24 March 1993
Police v Vui & Others Criminal law - separation of charges and evidence - proof beyond reasonable doubt - extended definition of theft	Supreme Court	Decision - 25 March 1983 Sentence - 12 April 1983
Public Service Commission v Public Service Board of Appeal Practice and procedure - power of Board of Appeal to order costs	Supreme Court	15 October 1980
Rentway Rentals Limited v National Pacific Insurance Limited Contract law - car rental contract - whether insurance contract covered accident to intoxicated thief - onus of proof on Defendant to show hirer acquiesced to car being driven by another Contract law - accident - fraudulent claim to insurance company - responsibilities of insured	Supreme Court	25 October; 30 November 1988
Retzlaff v Western Samoa Airport Authority & Polynesian Airline Holdings Limited Negligence - breach of airport rules - personal injuries - assessment of damages - contributory negligence	Supreme Court	18 & 19 November 1991
Saipa'ia and Others v A-G and Others Constitutional law - inconsistent legislation - Electoral Act - discrimination - convention debates used to interpret - integration of Samoan custom and modern national government	Supreme Court	26 February; 8 March; 5 April 1982
Salape v Public Service Commission and Eves Public Service Commission procedures for appointments	Supreme Court	11 May 1982
Sale'imoa Plantation Ltd v Atoa (No 1) Application to strike out claim for trespass - plaintiff not registered owner - beneficial owner entitled to bring action	Supreme Court	12 & 15 July 1985
Sale'imoa Plantation Ltd v Atoa (No 2) Land law - Procedure to lapse a caveat - registration when prevented by caveat invalid	Supreme Court	9 & 13 August 1985
Sanerivi v Public Service Commission Administrative law - appeal against dismissal - failure to comply with proper procedures and directions - improper conduct - bringing Public Service into disrepute - natural justice - general penalty	Public Service Appeal Board	23, 24, 25 & 30 March 1992
Skelton v Tagiilima & Others Succession - land dispute - no probate - administration of estate - application for injunction	Supreme Court	22 August 1991
Suemalo v Western Samoa Trust Estates Corporation (No 1) Civil procedure - non-compliance with order for discovery "within the time specified" - affidavits in contentious matters to be sworn before an outside solicitor	Supreme Court	2 November 1983
Suemalo v Western Samoa Trust Estates Corporation (No 2) Motor vehicle accident - widow's claim for herself and children - quantum - funeral expenses - loss of future earnings - loss of consortium and companionship	Supreme Court	14 November; 6 December 1985
Tapua'i v Tago Toalua Libel and slander - special damages - "matai"	Supreme Court	25 August 1980
Tauiliili v Malifa & Lima (Samoa Observer) Defamation - publication of article in newspaper - defence of justification - assessment of damages - aggravation of further publications	Supreme Court	Date of Hearing: 27, 29 & 30 August; 2-5 September 1991 Date of Judgment: 4 October 1991
Te'o v Kamu & Retzlaff Civil procedure - third party - motion to have Defendant refused leave to issue third party notice	Supreme Court	20 & 26 July 1993
Toelupe v Police Theft as a servant - sentencing	Court of Appeal	1 & 3 February 1993
Tuivaiti v Sila & Others Tort - Civil conspiracy, intimidation, trespass, loss of earnings - punitive damages - breaches of Constitution	Supreme Court	17 December 1980
Vaifale v Misa and Others Practice and Procedure - warrants to commit to prison	Supreme Court	25 August 1980
Vaotuua & Others v A-G & Others Application to strike out allegations of vicarious liability of A-G and Commissioner of Police for assaults by police	Supreme Court	22 March; 29 April 1988
Vermeulen v A-G Tax law - damages - whether loss of salary constitutes a benefit - interest payable on judgment sum - source deduction payments - whether Treasury an "employer"	Supreme Court	15 & 16 August; 1 September 1988
Vermeulen v A-G & Others Administrative Law - judicial review - natural justice - Commission of Inquiry Civil Procedure - Res judicata - estoppel - previous action for mandamus - Defendants electing not to testify Constitutional Law - Misfeasance in public office - "malice" - Public Service Commission - Constitution Art 15(1) and Art 87 Exemplary damages - aggravated compensatory damages	Supreme Court	3-7, 10-14, 17-21 September 1984; 2 May 1985
Western Samoa Trust Estates Corporation v Suemalo Interest on damages - payable only after judgment	Supreme Court	1986
Western Samoa Trust Estates Corporation v Tuionoula Customary land - agreement to relocate by exchange of land during World War II - validity of agreement - unlawful entry onto land - assessment of damages for trespass - exemplary/aggravated damages	Supreme Court	23 September; 31 October 1986 19 January 1987