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Constitution of the Independent
State of Samoa
LAND AND TITLES COURT
104. Customary Land and Titles Protection - (1) There
shall be a Land and Titles Court that includes:
(a)
Land and Titles First Court;
(b)
Land and Titles High Court; and
(c)
Land and Titles Court of Appeal and Review,
and all appointments and its authority in regards to matters
pertaining to matai title and customary lands provided for in
‘Part IX Lands and Titles Court’ of the Constitution; or an
Act of Parliament.
(2) The Courts in this Part IX Land and Titles Court has
special jurisdiction, it governs a legal system different and
separate from that of the Civil and Criminal Courts in Part VI;
and has special individual jurisdiction on Samoan customs and
usage matters relating to matai titles and customary lands.
(3) All persons are entitled to the protection of their custom
rights the subject of the jurisdiction of the courts in this Part.
104A.
Land and Titles First Court (1)
There shall
continue to be a Land and Titles First Court which shall be a court
of record.
(2) A sitting of the Land and Titles First Court consists of:
(a)
the Vice President on behalf of the President as
the presiding Judge; and
(b)
two (2) or more Land and Titles Court Judges.
(3) The Land and Titles First Court shall continue to have all
the jurisdiction it exercised prior to this Constitution Amendment
Act 2020 coming into force.
(4) The Land and Titles First Court shall:
(a)
have the original jurisdiction; and
(b)
possess and exercise all the jurisdiction, power,
and authority, which may be necessary to
administer the laws under this Part IX Land and
Titles Court.
(5) In particular the Land and Titles First Court shall have
jurisdiction:
(a)
in all matters relating to Samoan names and titles;