Vaela'a v. Taufa'asau

5 Am. Samoa 3d 270
CourtHigh Court of American Samoa
DecidedDecember 14, 2001
DocketMT No. 12-98
StatusPublished

This text of 5 Am. Samoa 3d 270 (Vaela'a v. Taufa'asau) 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
Vaela'a v. Taufa'asau, 5 Am. Samoa 3d 270 (amsamoa 2001).

Opinion

OPINION AND ORDER

Introduction

This longstanding matter had its beginnings in May 13, 1998, when Tuilefano M. Vaela'a (Tuilefano) filed his claim to succession to the vacant matai title Mauga of Pago Pago. The Territorial Registrar posted the claim publicly for the requisite 60-day period in accordance with the requirements of A.S.C.A. § 1.0406. The claim in turn drew the filing of succession counterclaims from Valentino Mauga Taufa'asau (“Taufa'asau”) on July 10, 1998; from Utaifeau Tasi Mauga Asuega (“Utaifeau”) and Fanene Fetaiaiga Kava (“Fanene”) on July 13, 1998; and from Lavea Seali'iutu F. Mauga (“Lavea”) and Mailo Atonio (“Mailo”) on July 14, 1998.

The Territorial Registrar then referred the matter to the Secretary of Samoan Affairs who duly convened the parties for settlement conferences pursuant to A.S.C.A. § 43.0302. Without a family settlement, the Secretary of Samoan Affairs certified an irreconcilable dispute to the Land and Titles Divisions under A.S.C.A. §43.0302(a).

Trial commenced herein on February 28, 2000,1 with the evidentiary presentation of the parties concluded on March 3, 2000. However, on March 6, 2000, the date and time anticipated for rebuttal evidence and final arguments, the parties jointly requested the Court to postpone the proceedings to allow them one more opportunity to attempt a family [272]*272resolution. Given the relative importance of the matai title Mauga,2 the motion was granted, and the proceedings adjourned sine die, with the high expectation of a fa 'a Samoa conclusion.3

The effort was to no avail. The communal will to move forward and select a new Mauga titleholder was, it seems, nonexistent or, at best, feeble from the outset. After some six months of family inertia, one of the parties felt compelled to file a motion to reinstate judicial proceedings citing the family’s unwillingness to at least call a meeting as previously represented to the Court. The motion was denied and the parties were advised that the Court would not reconvene unless the family met, as promised, to meaningfully reconsider a successor matai. Following a further four months of family inaction, one family member then took it upon himself to publicly advertise the calling of a family meeting. This action finally prompted a family gathering at Gagamoe4 on February 3, 2001.5 As above noted, the extrajudicial exercise proved futile.

Discussion

The Court, having heard the evidence and considered the parties’ post-trial written arguments, makes the following findings pursuant to the criteria set out in A.S.C.A. § 1.0409:

1. Hereditary Right — A.S.C.A. § 1.0409(c)(1)

In the vast majority of matai title disputes before the Court, a candidate’s hereditary right has been calculated by tracing his lineage to [273]*273his nearest ancestor holding the title. See In re Matai Title Leiato, 3 AS.R.2d 133, 134 (App. Div. 1986). This formula was almost universally applied until 1984 when the Court in In re Matai Title Sotoa, 2 A.S.R.2d 15 (Lands & Titles Div. 1984), suggested an alternative method of calculation as being more desirable. Under the rale in Sotoa, a candidate’s blood relationship is to be determined'by reference to his relationship to the original titleholder, and not by descent to the nearest past titleholder.6 The Court’s reasoning was that “every new titleholder does not start a new line of heredity.” Id. at 15.7

The Sotoa rale, however, is not of general application, particularly where family genealogical understanding is contentious, In re Matai Title Lolo, 25 A.S.R.2d 175, 176 (Land & Titles Div. 1994); In re Matai Title Tuaolo, 28 A.S.R.2d 137, 140 (Land & Titles Div. 1997), and where family history suggests a contrary tradition and understanding of entitlement. In re Matai Title Tauaifaiva, 5 A.S.R.2d 13, 14 (Land & Titles Div. 1987); see also In re Matai Title La'apui, 4 A.S.R.2d 7, 10 (App. Div. 1987) (Murphy, J., concurring) (“Whether a family traces hereditary rights directly to the original title holder or to the last living holder of the title is ... a matter of custom and tradition.”).

With the matter at bar, we note that in past Mauga succession disputes before the Court, hereditary entitlement was determined by using the traditional formula, namely, percentage of a candidate’s blood relationship to a former titleholder, as opposed to the original titleholder. See Asuega v. Manama, 4 A.S.R. 616, 624 (Trial Div. 1965); Sialega v. Sal, MT No. 04-82 (Land & Titles Div. 1983). Secondly, contemporary Mauga family history suggests two family branches separate and distinct to the lineage established by the original titleholder Mauga Mulivai. See Asuega, 4 A.S.R. at 625. Further, it is clear on the evidence that this family development evolved prior to the establishment of the government and the enactment of A.S.C.A. § 1.0409(c), which restricts eligibility only to those candidates with blood ties. As this Court previously noted in In re Matai Title “Mulitauaopele”, 16 A.S.R.2d 63, 82-83 (Land & Trial Div. 1990), the legislative adoption of the “best hereditary criterion of § 1.0409(c) did not empower the Court to disenfranchise a family line [274]*274who obtained the title hundreds of years prior to the enactment of the [A.S.C.A. § 1.0409(c)], even if the title was not acquired through blood.”

Using then the familiar rale of heredity, we find that Taufa'asau is the son of Mauga Iulio Taufa'asau, and is therefore 1/2; Lavea is the grandson of Mauga Palepoi and is therefore 1/4; Tuilefano is the great-grandson of Mauga Lei and is therefore 1/8; Utaifeau is also descended from Mauga Lei, who is his second great-grandfather, and is, therefore, 1/16.

Mailo’s blood claim of 1/16, given by tracing his relationship to the original titleholder Mauga Mulivai, is problematic. While there was little dispute from the other parties as to Mailo’s entitlement,, and while the evidence showed that Mailo family members have participated in past affairs of the Mauga family, we find that while Mailo is entitled, his claim, however, to 1/16 entitlement is unsupported. His claim of heredity makes him the second great-grandson of the original titleholder. This is implausible when viewed against the intervening generations attested to by genealogy supplied by the other parties. Moreover, Mauga family history, as alluded to by Mailo, pegs the original titleholder Mauga Mulivai to a time frame around the conclusion of the Tongan wars, circa A.D. 1600.8 (See Mailo’s Closing Arguments, at 7.) There are clearly generational gaps in the family tree supplied us. Moreover, Mailo’s pedigree also lists an intervening titleholder, Mauga Sivauea Sagaiga, a view which is singularly held and conspicuously at variance with the genealogy submitted by the other candidates. While widely varying versions of family history are not uncommon in matai title disputes, especially when dealing with oral tradition that approaches the realm of legend, the discrepancy in this instance is . nonetheless noteworthy.

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