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PART IX

APPEALS

 

  1. Right to Appeal (1) - Subject to subsection (2), any party to any proceedings may appeal against any final decision or order of the Court. (2) There is no right of appeal against a decision or order made under section 49 or 50, or under sections 72(2) or 75.

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  2. Constitution of Court to hear appeals - (1) The Court to hear any appeal shall consist of:

 

  1. the President; and

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  2. two Samoan Judges appointed by the President.

 

  1. The Samoan Judges shall be appointed in respect of each appeal, being Judges who had not been members of the Court at the hearing of the petition in the matter on appeal.

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  2. So far as is practicable, the President shall be the Chief Justice or other Judge of the Supreme Court who had not been a member of the Court at the hearing of the petition in the matter on appeal.

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  3. The Court hearing every appeal shall have all the powers and jurisdiction of the Land and Titles Court.

 

LEAVE TO APPEAL

 

  1. Leave to appeal (1) No appeal shall be lodged without the leave of the President (2) In granting leave the President may order a stay of proceedings under the final decision or order.

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  2. Grounds for appeal - (1) Leave to appeal may be granted on any of the following grounds.

 

  1. That new and material evidence had been found since the hearing of the petition of which the applicant had no knowledge, or which could not reasonably have been adduced at the hearing of the petition;

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  2. That the successful party had been guilty of such misconduct in relating to the hearing of the petition as to affect the result of the case;

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  3. That a witness had been guilty of such misconduct in relation to the hearing of the petition as to affect the result of the case;

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  4. That a member or officer of the Court had made a mistake or misconducted himself in relation to the hearing of the petition as to affect the result of the case;

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  5. That the Court did not have jurisdiction to make the final decision or order;

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  6. That the decision or order is wrong in law or not in accordance with custom and usage;

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  7. That the decision or order was manifestly against the weight of the evidence adduced at the hearing of the petition.

 

  1. Application for leave to appeal - (1) Every application for leave to appeal shall be made to the Registrar in the form number 7 in the Second Schedule. (2) The application shall state whether the appeal is against the whole or any part of the final decision or order. The part complained of shall be specified.

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  2. Time for appeal - No appeal shall be brought:

 

  1. After 21 days from the date of delivery of the Court’s final decision or order; or

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  2. After the expiration of such further time as may be allowed by the President on application made not later than 2 months after the date of delivery of the Court’s final decision or order.

 

  1. Security for appeal - The applicant on the day he files his application shall pay to the Registrar $100 as security for the appeal.

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  2. Service of application on other parties - The Registrar shall prepare and service on all other parties to the proceedings a copy of the application for leave to appeal.

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  3. Opposition to application for leave - (1) Any party wishing to oppose the application shall, within 21 days after receiving a copy of the application under section 83, file with the Registrar an answer stating his opposition and the reasons for it. (2) The Registrar shall as soon as practicable prepare and serve a copy of the answer on the application.

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    HEARING OF APPLICATION

     

  4. Hearing of Application for leave - (1) The application for leave to appeal shall be heard before the President on a date to be notified to each party by the Registrar in the form numbered 8 in the Second Schedule. (2) All parties may be heard and may make submissions. (3) The hearing shall not be open to members of the public. (4) The President may make such order on the application, and as to costs or otherwise, as he thinks fit.

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  5. Notice of hearing of appeal - The Registrar shall give notice of the hearing of every appeal in accordance with sections 40 and 41.

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    NON-PROSECUTION OF APPEAL

     

  6. Non-prosecution of appeal - (1) If the appellant does not prosecute his appeal with due diligence any other party may apply to the President to dismiss the appeal. (2) If the appellant does not appear at the time appointed for hearing his appeal the Court as constituted under section 77 may dismiss the appeal. (3) In respect of subsections (1) and (2) the President or the Court may order the appellant to pay costs to any party.

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    HEARING OF APPEAL

     

  7. Hearing of appeal - (1) Every appeal shall be by way of rehearing. (2) The Registrar shall prepare and produce to the Court hearing the appeal the full record of the proceedings, and all evidence given at the preliminary hearing, the hearing of the petition and the hearing of the application for leave to appeal. (3) The Court in its discretion may rehear the whole or any part of the evidence referred to in subsection (2).

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  8. Powers of the Court on appeal - In addition to the powers conferred under this Part, the Court hearing every appeal may, on completion of the hearing:

 

  1. Dismiss the appeal;
  2. Uphold the appeal;
  3. Set aside or vary the final decision or order appealed against;
  4. make such order as to costs as it thinks proper

 

  1. Decision on appeal to be final - The decision of the Court under this Part is final.