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Ala'ilima v Territorial Registrar [2013] ASHC 47; LT 02-09 (29 October 2013)

SLIP OPINIONS

OF THE

LAND AND TITLES DIVISION

OF THE

HIGH COURT OF AMERICAN SAMOA

(2013)

CHARLES V. ALA’ILIMA as trustee for the ESTATE OF LEFEGA SOLIAI BEAVER,
Plaintiff,

v.

TERRITORIAL REGISTRAR, ALBERT MAILO, SAM KUPA and NANCY KUPA, VIENA TIATIA and ATUMAUGA TIATIA, LUANI LU’UGA, FEO LAGAFUAINA as administrator of the ESTATE OF LAGAFUAINA LAISENE, and DOES I-XX,
Defendants.

FEO LAGAFUAINA as administrator of the ESTATE OF LAGAFUAINA LAISENE,
Cross-Plaintiff,

v.

ALBERT MAILO,
Cross-Defendant.

SAM & NANCY KUPA and VIENA & ATUMAUGA TIATIA,
Cross-Plaintiffs,

v.

ALBERT MAILO,
Cross-Defendant.

High Court of American Samoa
Land and Titles Division

LT No. 02-09

October 29, 2013

[1] Under T.C.R.C.P 54(b), it is well settled that trial courts have the authority to reconsider and revise interlocutory orders, including motions for partial summary judgment.

[2] The Court retains absolute discretion to revise interlocutory orders and generally will only do so when necessary to rectify clear error or to avoid manifest injustice.

[3] Under the equitable doctrine of laches, a defendant has the burden of proving: (1) the plaintiff delayed filing suit for an unreasonable and inexcusable length of time from the time the plaintiff knew or reasonably should have known of its claim against the defendant, and (2) the delay operated to the prejudice or injury of the defendant.

[4] As an equitable defense laches cannot be asserted by a party with unclean hands.

[5] A land owner may defeat a claim of adverse possession by demonstrating that the occupation was permissive and therefore not hostile.

[6] In the context of Samoan culture where many Samoan families allow other families to live on their land, hostility must be shown by evidence of acts unequivocally inconsistent with the owner‘s claim of title.

[7] Tacking allows a claimant to establish title by adverse possession by combining periods of possession from successive occupants who maintain the requisite privity of estate.

[8] While tacking may be established through a transfer between consanguineous possessors, it is also available to any individual who can establish the appropriate privity with a predecessor in interest.