25. Land and Titles Court continued - (1) There shall continue to be a Court of record called the Land and Titles court, which shall be the same Court as that existing under the same name prior to the commencement of this Act. (2) In addition to the jurisdiction and powers expressly conferred on it by this Act, the Court shall have all the powers that are inherent in a Court of record.

 

26. President, Judges and Assessors of the Court - The Land and Titles Court shall consist of

1. A President who shall be the Chief Justice or a Judge of the Supreme Court; and
2. Samoan Judges to be appointed in accordance with this Act; and
3. Assessors to be appointed in accordance with this Act.

27. Deputy Presidents - (1) The Head of State, acting on the advice of the Judicial Service Commission, shall from time to time appoint such Samoan Judges as he thinks fit, to be Deputy Presidents. (2) Any such appointment may at any time, and in like manner, be revoked by the Head of State. (3) Subject to the direction of the President, a Deputy President may preside over sittings of the Court, and exercise such other functions of the President as may from time to time, in respect of a particular case or matter be directed by the President.

 

28. Qualifications of Samoan Judges and Assessors - No person shall be appointed a Samoan Judge or an Assessor of the Court unless:

1. He is a matai; and

 

2. He is considered by the Judicial Service Commission to be qualified for appointment by reason of character, ability, standing and reputation.

 

3. except where the provisions to subsection 29(2) of this Act apply he has not attained the age of sixty five years.

29. Appointment of Samoan Judges - (1) The Head of State, acting on the advice of the Judicial Service Commission, shall from time to time appoint Samoan Judges. (2) Each Samoan Judge shall hold office until he attains the age of sixty five years:

PROVIDED THAT the Head of State acting on the advice of the Judicial Service Commission may extend for not more than twelve months or for successive period each of not more than twelve months the period or periods of office of a Judge who has reached the age of 65 years:

PROVIDED FURTHER THAT no such extension shall be granted except after receipt by the Judicial Service Commission of a satisfactory medical certificate under the hand of a senior medical officer designated by the Secretary for Justice.

(2A) Any order extending the period of office pursuant to subsection (2) of this section may be made before or after the Judge has attained the age of 65 years. (2B) Nothing done by a Samoan Judge in the performance of his functions shall be deemed to be invalid by reason only that he has reached the age at which he is required by this section to retire or that his term of office has expired. (3) The office of Samoan Judge may be held in conjunction with any other judicial office in Western Samoa. (4) The Head of State, acting on the advice of the Judicial Service Commission, may at any time by order remove a Samoan Judge for inability or misbehaviour. (5) A Samoan Judge may resign his office by writing under his hand addressed to the Head of State.

 

30. Role of the Samoan Judges - Samoan Judges shall be entitled to be heard on all questions before the Court, and to examine any party or witness in the proceedings, and shall also advise the Court on any question referred by the Court to them.

 

1. Appointment of Assessors - (1) The Head of State, acting on the advice of the Judicial Service Commission, shall from time to time appoint not less than 10 persons to be Assessors of the Court. (2) It is the responsibility of the Registrar to keep a list of Assessors and to administer their appointment. (3) The President, or Deputy President, shall select from the list of Assessors, not more than 2 Assessors for each sitting of the Court. (4) The Head of State, acting on the advice of the Judicial Service Commission, may at any time revoke the appointment of any Assessor. (5) An Assessor may resign his office by writing under his hand addressed to the Head of State.

1. Oath of Office - (1) An oath in the form appearing in subsection (3) of this section shall be taken by every Samoan Judge and Assessor as soon as may be after his acceptance of office, or as the case may be after the commencement of this section and no Judge or Assessor shall enter on his office or as the case may be continue in his office until he has taken the same. (2) The oath to be taken under this section shall be administered in the case of a Samoan Judge, by the President, and in the case of an Assessor by the President or by a Deputy President. (3) The oath referred to in subsection (1) of this section shall be in the following form:

1. In all matters relating to Samoan names and titles;

 

2. To make orders or declarations in respect of Samoan names and titles as may be necessary to preserve or define the same, or the rights or obligations attaching to those names and titles in accordance with the customs and usages of the Samoan race and all laws in force in Western Samoa with reference to customs and usages;

 

3. In all claims and disputes between Samoans relating to customary land, and the right of succession to property held in accordance with the customs and usages of the Samoan race.

(3) The Court shall also have the jurisdiction conferred by this Act.

 

5. Exercise of jurisdiction - (1) Unless otherwise provided in this Act, the Court shall not exercise any jurisdiction conferred on it unless there is present:

1. The President, or a Deputy President;

 

2. At least 2 Samoan Judges; and

 

3. At least one Assessor.

2. The number of Samoan Judges and Assessors shall not be less than 4 for the hearing of any case

 

1. If in respect of any hearing the President, or as the case may be, the Deputy President considers that the interests of justice or the importance of the case requires it, he may require any number of Samoan Judges or Assessors, in addition to those specified in subsection (1), to compose the Court.

 

2. The composition of the Court for the hearing of any case shall not be changed until the Court has given its final decision.

6. President or Deputy President to preside - (1) The President shall decide in every case whether he or a Deputy President shall preside. (2) When not presiding as Deputy President, every Deputy President shall sit as a Samoan Judge.

 

7. Law to be applied - (1) In all matters before it the Court shall apply:

1. Customs and usage;

 

2. The law relating to custom and usage;

 

3. This Act and any other enactment expressed to apply to the Court.

2. Subject to the subsection (1), the Court shall decide all matters in accordance with what it

considers to be fair and just between the parties.

 

0. Notice of sittings to be published - Notice of every sitting of the Court shall be published in the Savali at least 21 days before the commencement of each sitting.

 

1. Form of notice - Every such notice shall be in the form numbered 3 in the Second Schedule and shall state.

1. The time and place of the sitting, and

 

2. The names of the parties to each petition, application, appeal or other proceedings to be heard at the sitting, and the nature of the relief sought.

2. Institution of proceedings - (1) All proceedings may be instituted in the Court by oral or written notice of the matter in dispute given by any interested Samoan to the Registrar. (2) On receiving notice under subsection (1), the Registrar shall prepare a petition in the form numbered 4 in the Second Schedule showing:

1. The nature and particulars of the claim or dispute;

 

2. The relief sought;

 

3. The name of the petitioner, the respondent and his village

3. Every petition shall be signed by the petitioner and sworn before the Registrar.

 

4. The petition, if filed in the office of the Court in Savaii, shall as soon as practicable be transmitted to the Registrar in Apia.

 

5. Upon the filing of a petition the Registrar shall set it down for hearing at the next available sitting of the Court.

0. Interim orders by Registrar - If the Registrar is satisfied that a dispute has arisen between Samoans which is within the jurisdiction of the Court, and is likely to be the Subject matter of proceedings under this Act, he may, with the concurrence of the President or 2 Samoan Judges at any time before the commencement of proceedings, make such order as he thinks fit to restrain any Samoan from:

1. Remaining in possession of or entering upon any land;

 

2. Holding or using any Samoan name or title;

 

3. Exercising any right or doing any act matter or things concerning or affecting any land or any Samoan name or title.

1. Duration of interim order by Registrar - (1) Any order under section 50 may be made ex parte or otherwise, and shall remain in full force and effect until the final judgment of the Court. (2) The President may at any time after the commencement of proceedings, upon the application of any party affected by an order made under section 50, modify, vary or rescind the order. (3) The Registrar may at any time before the commencement of proceedings, upon the application of any person affected by an order made under section 50, modify, vary or rescind the order.

 

2. Effect and enforcement of interim orders - Every order made under section 49 or section 50 shall be deemed an order of the Court, and shall be enforceable accordingly.