Leuta v. Manaea

6 Am. Samoa 3d 350
CourtHigh Court of American Samoa
DecidedDecember 10, 2002
DocketMT No. 03-00
StatusPublished

This text of 6 Am. Samoa 3d 350 (Leuta v. Manaea) is published on Counsel Stack Legal Research, covering High Court of American Samoa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leuta v. Manaea, 6 Am. Samoa 3d 350 (amsamoa 2002).

Opinion

OPINION AND ORDER

On April 26, 1999, Fotu F. Manaea filed his claim to succession with the Office of the Territorial Registrar to the matai title “Manaea”. pertaining to the village of Amouli. Malaetia T. Manaea and Leatualoa F. Manaea subsequently filed objections and their respective counter-claims- .tp succession. After the Secretary of Samoan Affairs issued a certificate of irreconcilable dispute pursuant to A.S.C.A. § 43.0302, the matter was referred for determination to the Lands and Titles Division of the High Court in accordance with A.S.C.A. § 1.0409. Malaetia T. Manaea subsequently withdrew his objection and counter-claim in open court. We proceeded to trial upon the remaining claims to succession.

Discussion

In these matters, the Court is guided by the four criteria set out in A.S.C.A. § 1.0409(c): (1) best hereditary right; (2) clan support; (3) forcefulness, character and personality, and knowledge of Samoan customs; and (4) value to family, village, and country.

1. Best Hereditary Eight

Claimant Fotu Tupuola Leuta (“Fotu”) claims 12.5% hereditary entitlement tracing his roots to Manaea Petero,1 his great-grandfather. [352]*352Counter-claimant Leatualoa F. Fuamoli (“Fuamoli”) claims 50% entitlement through her father Manaea Fa'aloloi Vaimaona.

We find that both parties are blood related to the title Manaea. Applying the traditional formula for evaluating and measuring heredity, we further find that Fuamoli prevails because she can show the shortest descent path to a past titleholder.

2. Clan Support

The only semblance of common ground between the parties on this issue is that the family’s clans number two and the parties are not' from the same clan. Beyond that, the parties’ divisiveness on clan identity and make-up is total. Fotu, who does not command the support of Fuamoli’s side of the family, feels that he can claim complete support of all' the clans by simply ignoring Fuamoli’s side as Manaea family members.2

The apparent deep-seated contention between Fotu’s side of the family and Fuamoli’s side of die family is more far-reaching. The evidence clearly points to factional rivalry beyond the affairs of the Manaea family itself.- The ill will between the parties is enveloped in a longstanding controversy between the principal families of Amouli, engendered by their competing, and apparently ongoing, claims to historical prominence and supremacy in the village. :This inter-family controversy has been the bane of village discord and root of many land disputes from Amouli. See e.g. Utu v. Fuata, 17 A.S.R.2d 104 (Land & Titles Div. 1990).

As Fotu’s side of the family is related to the Gogo title, while Fuamoli’s side of the family is akin to the Utu title, the matai dispute before us took on the unmistakable flavor of the extended inter-family rivalry. In terms of oral tradition, for example, the parties’ respective versions were appropriately slanted. Where both had agreed that the Manaea title had its origins in a pigeon hunting excursion with High Chief Liufau, the parties disagreed as to the identity of the village founding father involved and, hence, the progenitor of the first Manaea titleholder. Fotu’s side naturally claimed that Liufau’s hunting partner was Gogo while Fuamoli’s side unsurprisingly said it was Utu.

[353]*353We find that while meetings were called to consider the issue of matai succession, these meetings were in essence sub-family gatherings and not meetings of the Manaea family as a whole. The evidence showed, for instance, that while a Manaea family meeting was called by Gogo to discuss matai succession, it also showed that Gogo’s timing strategically coincided with the off-island medical evacuation of the ailing Utu titleholder. This particular meeting opportunity was, therefore, hardly calculated to attract a strong showing from the Utu aligned faction of the Manaea family.

In our view, the claim to family support on the basis of these so-called family meetings translates at best to mere blessings from one’s own side of the family. We find that neither candidate enjoyed the total support of the Manaea family’s two clans, and, therefore, conclude that neither candidate prevails on this consideration.

3. Forcefiilness, Character and Personality, and Knowledge of Samoan Customs

In our evaluation of the parties, we find from our observation, of the candidates and from our review of personal background and achievements that Fotu prevails on this consideration. Fotu’s career path has been more impressive; primarily he was a professional law enforcement officer, retiring as Captain from the Department of Public Safety, while Fuamoli, who has also retired, has largely been involved with employment of a clerical nature. Additionally, Fotu in his early years served with United States Marine Corp. He continues to utilize his law enforcement background in a private business. We feel that these resultant career achievements signify a greater measure of ambition and drive.

Moreover, in assessing personal attributes under this criterion, the Court may look to “demeanor, personality, presence of mind, the- clarity, speed and correctness with which the answers were given, the. self-confidence and other qualities reflected from . . . speech and behavior.” See Reid v. Talalele, 4 A.S.R. 458, 463-64 (Land & Titles Div. 1964). Under this heading, Fotu stood out as the more forceful personality, self-assured and assertive. We also rate him ahead of Fuamoli in terms of knowledge of Samoan custom.

Fuamoli, on the other hand, urges us to view Fotu’s aggressive posture towards her side’s entitlement as a serious character flaw bespeaking haughtiness. While the submission is appealing at first blush, we are inclined to believe, however, that Fotu’s apparent obduracy is more reactive in nature rather than inherent. As with the Gogo and other principal families of Amouli, Fotu’s stance seems atypically reactive to a [354]*354continuing claim of the Utu titleholders to suzerainty, as alluded to in the testimony of Fuamoli’s witness Fainu'ulelei, and as previously advanced, and opposed, in Utu v. Fuata, 17 A.S.R.2d 104, 107 (Land & Titles Div. 1990). That is, the Utu family has maintained,' over the vigorous opposition of other families, that Amouli is a one family village with the Utu as the village headman. Suffice it to say that the evident continuing ill will between the family’s factions is something that requires reciprocal effort towards a resolution.

We find that Fotu prevails under this consideration.

4. Value to Family, Village, and-Country

We also find in favor of Fotu under this criterion. In terms of valué to the country, both candidates have creditably served, and retired from, the territorial government. But as alluded to above, Fotu’s career path has been more impressive. This is reflected in his greater retirement income, a relevant factor to account hereunder in assessing value to family. Tuinei v. Ieriko, 2 A.S.R. 117, 123 (Trial Div. 1940) (recognizing income as factor in determining candidate’s value).

Free access — add to your briefcase to read the full text and ask questions with AI

Cite This Page — Counsel Stack

Bluebook (online)
6 Am. Samoa 3d 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leuta-v-manaea-amsamoa-2002.