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	Samoa Courts System Information
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Pacific Courts - Samoa

SAMOA*

 

 

 

COURT OF APPEAL

·        General jurisdiction of the Court of Appeal is to hear and determine appeals.

·        Appeals lie from the Supreme Court to the Court of Appeal:

·        as of right from a decision involving $400 or more;

·        with the leave of the Court of Appeal or the Supreme Court, in matters of general or public importance, or where the magnitude of interests affected or other reason dictates that the decision ought to be submitted to the Court of Appeal for a decision.

·        against conviction on any ground involving a question of law only;

·        with leave of the Court of Appeal;

·        with leave of the Court of Appeal against sentence unless the sentence imposed is one that is fixed in law.

·        as of right from any decision of the Supreme Court in proceedings under Article 4 of the Constitution i.e. regarding remedies for the enforcement of any fundamental right established by the Constitution and may hear appeals from Supreme Court cases involving a substantial question of law as to the interpretation or effect of the constitution.

·        May consider “further” criminal appeals from the magistrates’ courts, but such appeals may not be lodged unless the court has given leave.

SUPREME COURT

·        Has unlimited original civil and criminal jurisdiction.

·        Has jurisdiction to hear civil appeals from a magistrate's court:

·        as of right from a decision involving $40 or more or where the title to land is in question; or

·        with leave of the magistrate's court.

·        Has jurisdiction to hear criminal appeals brought by an appellant who has been convicted or who has had any order made against him or her other than for the payment of costs on the dismissal of the information.

MAGISTRATE'S COURTS  

·        Magistrate's Courts can be constituted by magistrates or by Fa’amasino Fesoasoani, on the appointment of the Head of State acting on the advice of the Judicial Service Commission.  A fa’amasino fesoasoani is an assistant magistrate.

·        The Magistrate's Court has the jurisdiction to hear and determine:

·        any action found in tort or in contract:

(a) where the debt demand or damage, or the value of the chattels claimed is not more than $1,000 and;

(b) where the debt or demand claimed consists of a balance not exceeding $1,000 after a set-off of any amount claimed by the defendant from the plaintiff in the particulars of his claim or demand;

·        claims for money recoverable by statute;

·        actions for the recovery of any penalty, expenses, contribution, or other like demand which is recoverable by virtue of statute, if:

(a) it is not expressly provided by legislation that recovery shall only be in some other court, and

(b) the amount claimed in the action does not exceed the sum of $1,000;

·        actions for the recovery of freehold land, where the value of the land or interest does not exceed $1,000;

·        claims in equity where the sum involved does not exceed $1,000 or the annual rental does not exceed $100;

·        claims in equity where the sum claimed does not exceed $1,000;

·        offences that are punishable by a fine, a penalty, forfeiture or a period of imprisonment with the exception of those offences which are punishable by a term of imprisonment exceeding five years.

·        Customary land is excluded from Magistrate's Courts jurisdiction.

·        A Court that is presided over by a fa'amasino fesoasoani has jurisdiction:

·        to hear and determine any action founded on contract or in tort where the amount involved does not exceed $40.00;

·        to hear and determine any action for the recovery of any penalty ( other than a criminal fine), expense, contribution or similar demand, which is recoverable under legislation if:

(a) jurisdiction is expressly conferred by the legislation; and

(b) the amount claimed in the action does not exceed $40.00.

·        Furthermore, the criminal jurisdiction of a fa'amsino fesoasoani is generally more limited than that of the Magistrate's Courts. Under s.38 of the Magistrates' Courts Act 1969, a fa'amsino fesoasoani may not impose a fine of more than $40 and may not impose a sentence of imprisonment in lieu of or in addition to a fine. A fa'amsino fesoasoani may hear cases in relation to specific matters set out in s.39 of the Magistrate's Courts Act 1969:

·        any offence which has a maximum penalty of one year's imprisonment or a fine of $200 or both;

·        the crime of theft in cases where the value of the stolen property does not exceed $40.

·        The jurisdiction of a Fa'amasino fesoasoani may be extended by the Chief Justice through the Supreme Court Registrar to allow him or her to deal with:

·        Disputes involving up to $200;

·        judgment summonses in cases where the original judgment was for up to $200.

VILLAGE FONO

·        Has power to deal with the affairs of the village in accordance with the custom and usage of the village.

·        Jurisdiction is limited to persons ordinarily resident in the village.

·        Appeals from village fono regarding land go to the Land and Titles Court.

LAND AND TITLES COURT

·        Possesses a separate jurisdiction in all matters relating to Samoan chiefly titles and in all claims and disputes relating to customary land.

·        Hears appeals from the Village Fono.

·        Appeals from the Land and Titles Court are heard by the court comprising the president and two Samoan judges appointed by the president.  There is no further appeal.