Lualemana v. Filo

3 Am. Samoa 642
CourtHigh Court of American Samoa
DecidedDecember 11, 1961
DocketNo. 55-1961
StatusPublished

This text of 3 Am. Samoa 642 (Lualemana v. Filo) 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
Lualemana v. Filo, 3 Am. Samoa 642 (amsamoa 1961).

Opinion

MORROW, Chief Justice

This is an appeal from a judgment of the Trial Division ordering Faoliu Lualemana, the appellant (hereinafter referred to as the defendant, he having been the defendant in .the trial court), to vacate a part of the land Tafeata “occupied by him and his family” and to pay Filo, the appellee (hereinafter referred to as the plaintiff, he having been the plaintiff in the trial court), $25.00 for damage to the plaintiff’s plantations on Tafeata.

The plaintiff brought an action in the trial court praying for an order evicting the defendant from a portion of the land Tafeata occupied by the plaintiff prior to October 17, 1960, at which time the defendant took possession of the land away from the plaintiff and damaged the plaintiff’s plantations thereon. Plaintiff also asked for damages to his plantations.

Upon hearing had the trial court found that the land involved was communal land of the Moeai Family of Faleniu, that it had been assigned by the Moeai to plaintiff Filo, a married man to the Moeai Family, that Filo was entitled to possession of it. It also found that the defendant had ousted Filo from its possession and damaged his plantations.

On appeal, the defendant first claimed, and we quote, that the trial court “was misled by Filo’s testimony that he began to work on this land in 1922 while he was living in Tuiaana Family until he married a Moeai woman in 1927. Now the Court was convinced that Moeai owns the land when he was working there while he was living in the Tuiaana Family. Tuiaana Family is not related to the Moeai Family.”

[644]*644The Court was not misled as claimed. Filo did not testify that he worked on the part of the land Tafeata involved from 1922 to 1927. The Court in its opinion said:

“Plaintiff Filo, who is 59 years old, testified that the Faleniu people cleared Tafeata from the bush in 1922 and that after it was cleared the land was divided up among the chiefs of the village; that he was living in the Tuiaana Family of Faleniu in 1922 and participated in the clearing with the chiefs and the other young men of the village; that after the clearing took place the Faleniu people put in plantations on it; that he married a Moeai woman in 1927 and thereafter lived in the Moeai Family; that upon his marriage Moeai assigned to him a part of Tafeata which Moeai received when the chiefs of Faleniu divided up the cleared land and that he (Filo) had plantations on the land in dispute until the Marines left Tutuila at the conclusion of the war, he re-entered the disputed land and put in plantations including coconuts; . . .”
“We are convinced from the evidence that the land in dispute is Moeai communal land in Tualauta County, and that it was cleared from the bush by the Faleniu people in 1922 and after the clearing was awarded, upon a division by the chiefs of Faleniu, to Chief Moeai as his communal property; that it was occupied and used by the Moeai people from 1922 under a claim of ownership up to the time when the Marines took possession during the war; that when the Marines left at the conclusion of the war Filo, under an assignment to him by the Moeai in 1927 (when he married a Moeai woman), reoccupied it and put in plantations;...”

There is no merit to the first ground of appeal. The Court was not misled.

It was next claimed on appeal, and we quote:

“That the Court was misled when Filo stated that the land in question was the communal land of the Moea’i family from the dividing of the land among the matais of Faleniu village. The Court must be aware of the fact that when Tago Sianava offered this land for registration, Lualemana was one of the parties filing objection to such registration, even though the case was dismissed. Moea’i was not a party.”

[645]*645The Court was not misled with respect to the ownership of the land. The evidence showed clearly that the Faleniu people cleared Tafeata from the bush in 1922; that after it was cleared, the Faleniu chiefs divided Tafeata up among themselves, and that a part of the cleared land was received by Moeai, which part included the land in dispute. It also showed quite clearly that this part in dispute was occupied and used by the Moeai people after Tafeata was divided (and beginning in 1927 by plaintiff Filo when he married a Moeai woman, the land having been assigned at that time to Filo by the Moeai) up until sometime during the war when it was taken over by the U.S. Marines; that after the war was over and the Marines had left Samoa, Filo reoccupied the disputed land and put in plantations.

The trial court pointed out in its opinion that “The Samoan people acquired title to their lands through first occupancy coupled with a claim of ownership,” and that the Court had so held many times, citing Soliai v. Lagafua, No. 5-1949 (H.C. of Am. S.), Faatiliga v. Fono, No. 80-1948 (H.C. of Am. S.), and Oi v. Te’o,; No. 35-1961 (H.C. of Am. S.). See 2 Blackstone 8; Maine’s Ancient Law (3rd Am. ed.) 238. Samoan families acquired title to their communal family lands by going out into the virgin bush, taking possession, cutting down the trees, and claiming the land cleared as their own. After the trees were burned or had rotted, or both, they put in plantations on the cleared land. That was the custom. The fact that “When Tago Sianava offered this land for registration, Lualemana was one of the parties filing objection to such registration” only shows that Lualemana claimed (emphasis added) to own Tafeata, not (emphasis added) that he did own it.

In .the case to which the defendant makes reference (Lualemana, Galoia, Tuiaana, Tuilefano, Siufanua v. S. R. S. Tago, No. 8-1952 (H.C. of Am. S.)), the trial court in its decision said:

[646]*646“. . . it is possible for us to decide one point, and one point only, viz: that the land Tafeata as shown on the survey filed by Tago with his application to register the same is not the individually owned property of Tago. Nothing else is decided herein.”

The Court made no decision whatever as to the Lualemana claim. The fact that Moeai did not file an objection in that case is of no significance since Siufanua and Tuiaana, both Faleniu chiefs, did. Their objections were sufficient to prevent the registration of Tafeata as the individually-owned land of Tago. There was no need for Moeai to file an objection. However, in view of the testimony (hereinafter set out) of Tuiaana and Siufanua in that case, we think they intended to represent the Faleniu chiefs including Moeai as well as themselves when they objected.

Counsel for the defendant makes reference to that case (it involved the land Tafeata), and we shall quote a part of the testimony of Tuiaana and Siufanua. We think we may properly notice such testimony. 31 C.J.S. 619 et seq. and 3 Am.Jur. 375.

Tuiaana testified:

“Nikolao: Do you recall when this new road was built toward Aoloau?
“Tuiaana: Yes.
“Nikolao: How do you know?
“Tuiaana: I was working on that road when it was built.
“Nikolao: Any plantations of either Faleniu or Favaia’i people been damaged at the construction of the road?
“Tuiaana: Yes.
“Nikolao: State who please?

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3 Am. Samoa 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lualemana-v-filo-amsamoa-1961.