Seumantjtafa v. Filifili M.

4 Am. Samoa 3d 284
CourtHigh Court of American Samoa
DecidedMay 12, 2000
DocketMT No. 06-98
StatusPublished

This text of 4 Am. Samoa 3d 284 (Seumantjtafa v. Filifili M.) 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
Seumantjtafa v. Filifili M., 4 Am. Samoa 3d 284 (amsamoa 2000).

Opinion

OPINION AND ORDER

The matai title “Galea'i” of the Village of Fitiuta in the Manu'a Islands became vacant when the incumbent Galea'i Peni Poumele passed away in 1992. On April 21, 1995, Claimant Tafua F.M. Seumanutafa (“Tafua”) offered to have the Territorial Registrar register the title in his name. The claim .was duly noticed, and 14 counterclaimants responded within the 60-day notice period. On November 10, 1997, pursuant to A.S.C.A. § 43.0302, the Secretary of Samoan Affairs issued a certificate of irreconcilable dispute. On February 2, 1998, in accordance with A.S.C.A. § 1.0409, the selection of the successor holder of the title was referred to this Court for judicial determination.

Ten of the counterclaimants dropped out of contention before trial, and their names have been deleted from the case caption. Counterclaimants Fa'amafi S. Utu Galea'i and Filiupu Galea'i (“Filiupu”) did not file the required questionnaire. Both have now passed away. Counterclaimants Ieremia O. Galea'i, Le'o V. Ma'o, Muaiao Mataese Tagaloa, Sala Mamea, Jr. (“Sala”), Siaosi L. Galea'i, Setu P. Galea'i (“Setu”), and Luce Tiuali'i Viena withdrew their candidacies. Counterclaimant Otto Tavita V. Haleck (“Otto”) filed the questionnaire shortly before trial but then also withdrew his candidacy.

The remaining five candidates, Tafua and counterclaimants Tuiavatele Alai'a Filiflli M. (“Tuiavatele”), Tagataclemanu Aba Tupua Lei (“Tagataolemanu”), Moaali'itele L.K. Tu'ufuli (“Moaali'itele”), and Eliu F. Paopao (“Paopao”) proceeded to trial. Trial began on February 14 and concluded on February 23, 2000. The five remaining candidates and their counsel were present throughout the trial.

Discussion

We adjudicate matai title successors based on evaluation of the evidence in support of the four criteria mandated by A.S.C.A. § 1.0409. We will discuss each criterion in the order of their statutory priority.

1. Best Hereditary Right

The traditional rule for judicial determination of hereditary rights mathematically measures candidates’ blood connection to a former titleholder. See In re Matai Title “Mulitauaopele”, 17 A.S.R.2d 75, 80 [286]*286(Land & Titles Div. 1990). Tafua maintained that he is the great great grandson of Galea'i Ulutui, and by this relationship, he has a 1/16th right to the title under the traditional rule. Moaali'itele acknowledged that he has the same relationship to Galea'i Ulutui.

Tuiavatele claimed that he is the great grandson of Galea'i Lapi, also known as Galea'i Rapi or Makapi. Based on this connection, he would have a l/8th right to the title under the traditional rule. Tagateolemanu declared that he is. the great grandson of Galea'i Vili. Thus, his right to the title under the traditional rube would also be based on a l/8th connection to a titleholder. Paopao stated that he is the great great great grandson of Galea'i Sega, the same titleholder identified by Tafua and Moaali'itele. Thus, he has a l/32nd right to the title under the traditional rule.

The modem alternative rule looks at the number of generations candidates are removed from the original holder, or at least from a common ancestral holder, of the title. See In re Matai Title "Sotoa”, 2 A.S.R.2d 15, 15 (Land & Titles Div. 1984). The Sotoa rale may provide a fairer comparison of the relative strength of candidates’ blood relationships, especially when one or more clans have not had a titleholder for several generations. Application of the Sotoa rale, however, depends on evidence that identifies the original or another common ancestral titleholder and that traces blood relationships to this titleholder.

Tafua, Moaali'itele, and Paopao agreed that the original titleholder was Galea'i Lelologatele. They also agreed that Galea'i Vaimagalo was Lelologatele’s son and was next held the title. Tagataolemanu maintained that the first titleholder was Galea'i Vaimagalo. Tuiavatele claimed that Tuimanuatele first held the title and preceded Galea'i Vaimagalo and Gabea'i Lelologatele, who in that order were his fifth and sixth “Galea'i” titleholders.

Tafua and Moaali'itele traced their ancestry to Vaimagalo through eight and to Lelologatele through nine generations. Tuiavatele, Tagataolemanu, and Paopao did not, however, trace their lineages beyond the ancestral titleholder nearest to each of them. Moreover, Tuiavatele did not consider either Lelologatele or Vaimagalo to be the original titleholder, and the other four candidates did not recognize Tuimanutele as a titleholder. Thus, as a practical matter, we cannot apply the Sotoa rale in this case.

We take note, at this point, that Paopao listed only the two most recent “Galea'i” titleholders in his original questionnaire and provided a more complete list, except for leaving the third, fourth, and fifth holders blank, only in an amended questionnaire that was basically the same list [287]*287provided earlier by Tafua in his first questionnaire. Similarly, Tagataolemanu provided a list of only the five most recent “Galea'i” titleholders, and named none of the seven and eight titleholders respectively listed by Tafua and Moaali'itele between Galea'i Vaimagalo and Galea'i Vili. Tuiavatele not only listed persons as his first four titleholders and his seventh titleholder not mentioned by any other candidate, but he also omitted four titleholders listed by Tafua and Moaali'itele between Galea'i Lifa and Galea'i Makapi (Galea'i Lapi or Rapi according to Tuiavatele). These factors raise considerable doubts about the knowledge of family history shown by Tuiavatele, Tagataolemanu, and Paopao and the depth of their research on this subject.

Resorting to literal application of the traditional rule, Tuiavatele and Tagataolemanu have, at l/8th each, the closest blood connection to a previous “Gabea'i” titleholder. Tafua and Moaali'itele are tied next with a l/16th relationship. Paopao has a l/32nd relationship. On this basis, both Tuiavatele and Tagataolemanu rank first with the best hereditary right to the title, Tafua and Moaali'itele come in second best, and Paopao is last.

We are persuaded by a preponderance of the evidence, however, that while Tafua and Moaali'itele established their hereditary rights to the “Galea'i” title with clear and convincing information, Tuiavatele, Tagataolemanu, and Paopao failed to satisfactorily show their respective asserted hereditary rights to the title because of their vague, incomplete, and uncertain knowledge concerning their family history. We therefore hold that Tafua and Moaali'itele, with their equal hereditary rights to the “Galea'i” title, prevail together over the other three candidates on the criterion of best hereditary right.

2. Wish of the Majority or Plurality of the Family Clans

All candidates agreed that the Galea'i family has two clans, one called Tutu and the other Pulenu'utu. The candidates disagreed on the identity of the original titleholder and, therefore, on the identity of the first titleholder’s children, a common customary basis for clan identity among Samoan families. Clan membership in the Galea'i family, however, is not based on descendence from the original titleholder’s children. The origin of the two Galea'i clans is not clear from the evidence, but it is clear that for a very bong time, if not time immemorial, the family has had only the Tutu and Pulenu'utu clans. Thus, a candidate must have the support of both clans to prevail on this criterion.

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4 Am. Samoa 3d 284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seumantjtafa-v-filifili-m-amsamoa-2000.