The Alii and Faipule of Leauvaa are asking the Supreme Court for an urgent intervention to stop the village of Afega from clearing land already determined by the Land and Titles Court. 

The families from Leauvaa are seeking judicial review and filed a motion for an interim injunction to declare decisions from the L.T.C. unlawful. 

Several decisions from the L.T.C. on the disputed land ruled in favour of Afega having authority over the disputed land in Leauvaa. 

But the latest clearance work from Afega on the disputed land in Leauvaa has disturbed the peace for the villagers who brought the matter against the L.T.C. and Afega to the Supreme Court.

Lawyer Josephine Stowers represented Leauvaa and Office of the Attorney General’s lawyer Letoafaiga DJ Fong acted for L.T.C. 

Mauga Precious Chang is the lawyer for Afega. 

Ms. Stowers sought the Court’s indulgence to urgently deal with the matter and intervene by granting the orders. 

Supreme Court Justice, Leiataualesa Daryl Clarke made the point that the fundamental question the parties need to address is whether the Supreme Court still retains jurisdictions to deal with the matters raised.

Justice Clarke added that people have lawful rights to exercise those rights lawfully and the Supreme Court has the jurisdiction to hold parties to act lawfully if they unlawfully exercise their rights and disturb the peace. 

Afega and the counsel representing the L.T.C. are given until next week to file theirmresponse to the applications from Leauvaa. 

The package of L.T.C. laws passed in 2020 established the three tier courts giving it expressed powers to judicially review matters of the two lower L.T.C. Courts. 

Before the approval of the L.T.C. laws, the judicial review from L.T.C. matters were referred to the Supreme Court which also has the jurisdiction to determine questions of the Constitution. 

The Alii and Faipule of Leauvaa are seeking orders from the Supreme Court to declare the L.T.C. decisions unlawful. 

It is also asking the Supreme Court to invoke its jurisdiction under Article 4 of the Constitution for reinforcement of constitutional rights alleging the L.T.C. decisions have deprived the village of Leauvaa of their rights to personal liberty, fair trial, movement and equal protection under the law.