60
Constitution of the Independent
State of Samoa
constitutional ground of such petition as provided
in an Act.
(7) The Court of Final Appeal and Review has the power to:
(a)
for an appeal (i)
uphold the appeal; or
(ii)
set aside, vary or reverse the decision of
the Land and Titles High Court; or
(iii) order the Land and Titles High Court to
rehear the matter; or
(iv)
make any such order with respect to the
appeal as the Court thinks fit; and
(b)
for a review (i)
grant the remedy sought; or
(ii)
grant the prerogative writ sought
(mandamus, prohibition and certiorari,
and for relief in the form of an injunction);
or
(iii) petition revoked; or
(iv)
make relevant order to the review.
(8) The decisions of the Land and Titles Court of Appeal and
Review Court are final and no other Court may question by way
of appeal, a review or investigation, or any other means.
(9) Where in any proceedings before any Courts in this Part
IX Land and Titles Court, a question arises as to the interpretation
or effect of any provision of this Constitution under this Part, the
Land and Titles Court of Appeal and Review may, on the
application of any party to the proceedings, determine that
question and either dispose of the case or remit it to that other
Court to be disposed of in accordance with the determination.
(10) The Head of State, acting on the advice of the Prime
Minister, may refer to the Land and Titles Court of Appeal and
Review for its opinion any question as to the interpretation on the
effect of any provision of this Part which has arisen or appears
likely to arise, and the Land and Titles Court of Appeal and
Review Court shall pronounce its opinion on any question so
referred to it.
104D.
Appointment, removal, tenure in office – (1)
The Head of State, acting on the advice of the Prime
Minister, may appoint a President of the Court under Part IX