Court issues ruling, village told to pay

“The offer of $1,000 per month to service a loan of $863,710 is utterly unreasonable and a continuing gesture of disrespect by the judgment debtors and the village of the rulings of the Supreme Court and of the Court of Appeal and towards the judgment creditors” – Justice Lesatele Rapi Vaai

Several matai from the village of Tanugamanono have been ordered by the Supreme Court to pay the family of Afu Faumuina Tutuila close to a million tala in compensation.

And since they cannot pay the amount in one go, they have been asked to make payments in installments starting with $7,000 a month. By 2016, this amount will increase to $14,000 a month.

Supreme Court Judge, His Honour Justice Lesatele Rapi Va’ai delivered the decision on Friday, 15 August 2014.

The matai involved are; Tuumaalii Peni Punitia, Tupuola Afa Lesa, Anauli Pofitu Fesili, Fetaoai Vao Samau, Upuse Tanielu Lepolu, Sinava Lima, Palaialii Louis Tafunai, Palaialii Tuvale Atoa, Palaialii Ionatana Pula, Palaialii Gene Taatasi, Palaialii

Pauesi Teo, Asotasi Vaa Falealili, Tia Elise Solo, Galuvaa Sagauga Metuli, Tuua Fasi Leota and Tuuamaalii Siataga Mann.

In his decision, Justice Lesatele said the matai are “ordered to be jointly and severally liable to pay the amount of $863,710 plus costs of $5,000 to the judgment creditors.”

“As members of the village council, the matais make decisions on behalf of the village at the meetings of the village council,” said Lesatele.

“They are individually responsible for the decisions they make.”

Ms. Tutuila sued the Tanugamanono Village Council after they evicted her family and destroyed their properties in 2010.

Speaking to the Samoa Observer, Ms. Tutuila welcomed the ruling by the Supreme Court.

“We respect the decision and I want to say thank to the Judge,” she said.

“My family has suffered for so long, four years because of this matter. We had to rebuild our family from scratch and the decision (from the Judge) assures that we will get those payments that will at least give us some peace.”

According to Ms. Tutuila, her family has had to start all over again. She said the payments are much needed as they have had to loan to rebuild their family.

“It hasn’t been easy for us and we want to thank those that were sympathetic towards us also to our families for their support.”

The ruling from Lesatele required the matais to pay a sum of $7,000 on their first joint payment on 1st October this year.

The village lawyer, Rosella Papali’i had submitted an offer of $1,000 per month. Of the nine matai examined, only Tupuola Afa Lesa operates a business as an accountant and owns some freehold land.

Two others are employed while the rest rely on their children and the old age pension for support.

But Justice Lesatele denied the application of $1,000 per month.

He said “apart from the fact that I had a great deal in accepting their testimonies, I have also already determined that the debt is for the village matais to satisfy; and village matais as leder of their families and of the village will arrange activities to raise funds”.

“The offer of $1,000 per month to service a loan of $863,710 is utterly unreasonable and a continuing gesture of disrespect by the judgment debtors and the village of the rulings of the Supreme Court and of the Court of Appeal and towards the judgment creditors,” he said.

“The order will obviously place the village members under some pressure but as Justice Malosi observed in Mataia Apisaloma v Reverend Reupena and others (supra) that has to be balanced against the interest of the judgment creditor.”

Justice Lesatele then ordered the matai to pay the $868,882 in installments.

Failure to do so will result in each one of them being sent to prison for 6 months.

From June next year, the monthly payment will increase to $12,000 per month. From June 2016, the sum will increase to $13,000 per month and $14,000 per month the following year.