Security costs claims granted

A Supreme Court Judge has ruled in favour Ao f an appl icat ion for security costs from the Ministry of Natural Resources and Environment (M.N.R.E.), the Attorney General and Ruby Drake against Kirita Maria Pune.

The ruling was delivered on Wednesday morning by his Honour Justice Lesatele Rapi Va’ai.

The ruling orders Mrs. Pune to pay a total of $30,000 to the Registrar of the Court as security for costs for the three defendants.

“Upon receipt of the $30,000, the Registrar shall deposit the said amount into a term deposit with a local bank until further orders from the court.

“The plaintiff’s claim is stayed until security is given,” said Lesatele, “but each defendant is to receive $10,000 each for their claims."

What the security costs claimed by the three defendants were for, was not mentioned during the ruling.

The matter however stems from a case that dates back as far as 2003 involving a complaint lodged by 70 year old Mrs. Pune against the M.N.R.E. and the Attorney General over a dispute relating to the transfer of a piece of land at Tuloto, Apia.

The property initially belonged to Mrs. Pune’s parents. Her claim before the Supreme Court is that the transfer of the freehold land to its current owners; Samoa Stationery and Books, in a mortgagee sale, violated the law.

S.S.A.B’s involvement in the matter is where the A.G. comes into this civil matter.

Mrs. Pune filed a civil claim against the A.G. of Samoa after a sworn affidavit from the M.N.R.E. referred to the A.G. seeking prompt action to remove the caveat.

Mrs. Pune alleged that a caveat, which had been in place over the land, was illegally removed to allow the sale, since the Supreme Court had yet to deliver a decision in a case heard in 2003 over the piece of land in question.

Mrs. Drake who initially acted on behalf of Mrs. Pune, was also sued after she was dismissed by the family in 2014 on grounds of alleged negligence and breach of her solicitor/client duty.

M.N.R.E. was sued for removing the caveat allowing the land to be sold by mortgage sale, and breaching the Supreme Court Order for the caveat to stay.

Mrs. Pune’s lawyer, Leuluaiali’i Olinda Woodroffe did not appear on her behalf on Monday but instead, Leali’ifano Dr. Iopu Tanielu was there on her behalf.

The defendants were represented by defence counsels; Lei’ataualesa Daryl Clarke acted for S.S.A.B. while Donald Kerslake represented M.N.R.E. and Kirsten Kruse acted for Ruby Drake.