The Supreme Court yesterday granted what was described as the last adjournment in a $1million lawsuit against the President of Land and Titles Court, Tuala Sale Kerslake.
When the matter was adjourned the last time, it was for the complainant, Tafililupetiamalie Va’afusuaga Iutoi, to respond to the strike out motion from Attorney General’s Office.
Yesterday, lawyer Sosefina Fa’amausili, of the Attorney General’s Office, told the Court that she has not been served with a response.
She made an application that if the Court uses its discretion to make the adjournment, she requested that it would be the “last and final” one. His Honour Chief Justice Patu Tiava’asue Falefatu Sapolu accepted the request. He made the final adjournment on 19th January 2015 for the plaintiff to “find and serve a response to strike out motion”.
Lawyer Leali’ifano Dr. Iopu Tanielu yesterday appeared on behalf of lawyer, Leulua’iali’i Olinda Woodroffe, who is representing the complainant. A medical certificate was presented in Court her absence.
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Tafililupetiamalie is suing Tagaloa, alleging a “breach” of his rights under the Constitution, for hurt and humiliation and loss of status.”
According to a Statement of Claim, “the plaintiff and all descendants and heirs of the title Tafililupetiamalie of Falevao have been victims of conflicting decisions of the Land and Titles Court since 1968.”
This apparently resulted in the “family having no finality for nearly 50 years to their exclusive rights” to the title in question.
Tafililupetiamalie also claims that in recent times, their family has been victim of actions by the defendant. He is seeking a declaration that two decisions made in 2010 and 2013 be dismissed on the grounds of bias. In addition he is seeking that the saofa’i certificates being disputed are invalid.
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