Constitution of the Independent
State of Samoa
57
(b)
to make orders or declarations in respect of
Samoan names and titles as may be necessary to
preserve or define the same, or the rights or
obligations attaching to those names and titles in
accordance with the customs and usages of the
Samoan race and all laws in force in Samoa with
reference to customs and usages;
(c)
all claims and disputes between Samoans relating
to customary land, and the right of succession to
property held in accordance with the customs and
usages of the Samoan race;
(d)
in all the powers that are inherent in a Court of
record; and
(e)
as may be conferred by Act.
(6) In all matters before it, the Court shall apply:
(a)
custom and usage of the Samoan people;
(b)
the law relating to custom and usage;
(c)
this Constitution and any other enactment
expressed to apply to the Court.
(7) The Court shall decide all matters in accordance with
what it considers to be fair and just between the parties.
(8) The Court in determining any petition before it has the
power:
(a)
to make a decision on a petition brought before it;
and
(b)
make orders that take effect to be specified in the
order or on the date on which it is made.
(9) The decision of the Land and Titles First Court is in
accordance with the opinion of the majority of the members of
the Court.
(10) The decision of the Land and Titles First Court may be
reviewed through an appeal to the Land and Titles High Court.
104B.
Land and Titles High Court – (1) There shall be
a Land and Titles High Court which, for this Part is a superior
court of record.
(2) The Land and Titles High Court is constituted by:
(a)
the President as the presiding Judge and Head of
Bench or, on the direction of the President, the
Deputy President as the presiding Judge; and