The National Bank of Samoa is appealing a court decision to pay SAT$8,254 to a widow for the inconvenience caused after she bought a property from the bank which had electricity arrears. 

The District Court in May found the bank and its realtor did not make sure the premises they sold to Faamanino Petelo were free and clear from encumbrances such as electricity charges that were owed to the Electric Power Corporation. 

The 72-year-old widow from Siusega purchased the land with a house in Siusega and weeks after occupying the premise she was advised of an outstanding E.P.C. bill of $12,300. 

This was an amount that the E.P.C. unilaterally calculated to have been owed by the registered landowner who unlawfully tampered with the cash power meter

After calling evidence, Judge Matautia Raymond Schuster ruled that the bank and its realtor agent, Tulili Alatimu are to pay a balance of the $8,254 sum paid by the widow to the E.P.C. 

The court also awarded punitive damages set at 25 per cent of the award arriving at $2000, and additional costs of $1500 paid to Mrs. Petelo. The E.P.C. was also ordered to reimburse the bank $8,254 sum paid by the bank to Mrs. Petelo and to pay $1,000 costs to Mrs. Petelo. 

The appeal was called in the Supreme Court this week to set a hearing date. Lawyer Tanya Toailoa is acting for Leiataualesa Komisi Koria representing the N.B.S. Justice Fepuleai Ameperosa Roma has set down the hearing in November this year. 

Mrs. Petelo purchased land with a house at Siusega that was on mortgagee sale from the N.B.S. She initiated civil proceedings against the bank and its realtor for breach of implied covenant pursuant to section 72(1)(a) of the Property Law Act 1952. Alternatively, Mrs Petelo also sought an order for Promissory Estoppel against the defendants.