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Pese v Lefiti [2005] ASLawRp 48; 10 ASR3d 400 (3 October 2005)

OPINIONS

OF THE

LAND AND TITLES DIVISION

OF THE

HIGH COURT OF AMERICAN SAMOA

(2005)

ATIULAGI F. PESE,
Claimant,

v.

MATEFILI P.F. LEFITI, NICHOLAS PUNIMATA, and MAUI L. MAILO,
Counter-claimants.

High Court of American Samoa
Land and Titles Division

MT No. 07-04

October 3, 2005

[1] Where a matai title case matter comes before the court but there is no disputed claim under A.S.C.A. § 1.0409 the matter should be remanded to the Territorial Registrar's Office.

Before KRUSE, Chief Justice; SAGAPOLUTELE, Associate Judge; MAMEA, Associate Judge; SU'APAIA, Associate Judge; and SAOLE, Associate Judge.

Counsel: For Claimant Atiulagi F. Pese, Salanoa S. Aumoeualogo
For Counter-claimant Matefili P.F. Lefiti, Pro Se
For Counter-claimant Nicholas Punimata, Fiti Sunia
For Counter-claimant Maui L. Mailo, Pro Se

ORDER

[1] This matter came on regularly for trial this October 3, 2005. Counter-claimant Matefili P.F. Lefiti ("Lefiti") having previously filed on May 6, 2005, his notice to withdraw and dismiss his counterclaim, the only parties appearing for trial were claimant Atiulagi F. Pese, with his counsel Salanoa S. Aumoeualogo, counter-claimant Nicholas Punimata ("Punimata"), through his counsel Fiti A. Sunia, and counter-claimant Maui L. Mailo ("Maui"), appearing pro se. Punimata, through his counsel, and Maui in person moved in open court to withdraw and dismiss their respective counterclaims.

Wherefore, the counterclaims of Lefiti, Punimata, and Maui being withdrawn, they are hereby dismissed.

There thus being no "disputed claim" before us for determination under A.S.C.A. § 1.0409, this matter is remanded back to the Territorial Registrar‟s Office. It is so ordered.

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