A Vailele resident's lawsuit against several parties, over the lease and sale of Samoa Land Corporation-owned land, has been discontinued and legal costs ordered against the resident.  

The plaintiff is Taufaga’afa Tiitii acting by way of attorney for Felise Taufaga’afa Godinet of Vailele and Christchurch, New Zealand. 

The lawsuit was lodged against Fataalii Milovale Moke (first defendant), Ulumalutea Tuaoto Faasiusiu and others as Alii and Faipule of Vailele (second defendant), Wayne Wu a businessman of Vailele (third defendant), the Ministry of Natural Resources and Environment (intended first third party) and the S.L.C. (intended second third party). 

The crux of the plaintiff’s claim alleges that he is the registered lessee of certain lands at Vailele from the S.L.C. and the Alii and Faipule of Vailele and the lease was entered into in the 1990s. 

However, in 2014, the plaintiff discovered that the land was sold to a Pela Lagi Laumea who also occupied the land. In 2017, Laumea allegedly sold the land to the first defendant who is a matai of Vailele occupying the land. The first defendant then also leased a building on the land to Mr. Wu, who is a businessman. 

Despite these various dealings with the land, the plaintiff then allegedly agreed in 2018 with the S.L.C. and second defendants to purchase the land and a deposit was paid.

The plaintiff alleges that the first defendant was then informed by the S.L.C. and Alii and Faipule of Vailele to vacate the land. 

The first defendant however refused and built structures on the land and leased a building on the land to the third defendant.

According to Taituuga Phaedra Valoia of the S.L.C., the land is freehold land vested in the Samoa Land Corporation. The Court ruling noted annexed to her affidavit dated 14 December 2022 is a computer folio certificate of the land showing the land registered to the S.L.C. with no registered leases noted.

Supreme Court Justice, Leiataualesa Daryl Clarke said during the course of the hearing that it became evident that the plaintiff’s pleadings in the statement of claim were deficient in terms of cause of action, the parties and the law on a number of scores. 

Following a number of adjournments, Justice Clarke said leave was granted to the plaintiff to file and serve his amended statement of claim and join S.L.C. to the proceedings. 

However, based on an application by the plaintiff's lawyer and with the consent of other parties, the court proceedings were discontinued. 

Justice Clarke delivered his decision on costs sought by the various parties on 29 September 2023. He dismissed costs sought by M.N.R.E. and S.L.C. against the second defendant. 

But the Court did make orders on costs to be paid by the plaintiff against the Alii and Faipule of Vailele in the sum of SAT$10,000.