The family of Kerita Maria Kolokita Pune are content with the decision by the Appeal’s Court pertaining to their legal battle with the Ministry of Natural Resources and Environment, Samoa Breweries and Samoa Stationery and Books.
This is over their family land called Tuloto where the Samoa Stationery and Books headquarters and main branch is located.
Clara Aitele Gray the Administrator of the Estate of her mother Kerita told told Radio Polynesia that as a family their focus is to get finality on all the rulings.
“We are waiting on one more COA hearing against Samoa Breweries and Samoa Stationery And Books adjourned until March 2022.
Once we get finality on those proceedings, then we can pursue other matters with legal guidance"
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Samoas Court of Appeal says the removal of a caveat that allowed the sale of land at Tuloto where the Samoa Stationery and Books headquarters and main branch is located, is unlawful.
The matter goes back to 1995 when the land in question was allegedly gifted to the owner’s son Molio’o Vaeluaga who then mortgaged it to Samoa Breweries to secure advances made on a revolving credit account.
After his death the trading account eventually fell into arrears and Samoa Breweries then exercised its power of sale under the mortgage and agreed to sell the land to the SSAB, a company owned by Fiti Leung Wai the wife of then Attorney General, Aumua Ming Leung Wai.
The 11 page decision was handed down by Chief Justice Satiu Simativa Perese and Justices Peter Blanchard and Rhys Harrison who upheld the appeal and ordered the land in question to be re-registered against the title of the land.
Samoa Breweries and SSAB were not represented at the hearing according to the Court of Appeal which also said it dealt with two separate appeals which have been addressed in this decision.
The two appeals, firstly between Ruby Drake and Attorney General for the Ministry of Natural Resources and Environment and the second appeal is between Clara Aitele Gray as the Administrator of the Estate of Kerita Maria Kolokita Pune against AG’s office; Samoa Breweries and SSAB.
The appellants are entitled to their costs in the Supreme Court to be taxed and court costs of $5,000 each and all such costs to be paid to the respondent Ministry, according to the decision.
