Fatu v. Siofaga
Fatu v. Siofaga
Opinion of the Court
Plaintiff moves to enjoin defendant from further holding himself out as co-holder of the matai title Paulualo pertaining to the village of Afono. In 1980, the Paulualo family presented both plaintiff and defendant before the village council as the appointed co-holders of the family’s
Until recently the parties have co-existed. Defendant, however, has proven more popular with the village and county. He has been nominated by the county to the government position of County Chief, which position the plaintiff also desires. Friction arises between the parties because of this issue, it also being one of the admitted reasons for this matter coming to court.
As it happens, the communal complicity in the bestowal of the title on an additional holder has resulted in the defendant’s running afoul of the provisions of A.S.C.A § 1.0414. This provision prohibits a person from using a matai title before the same has been registered in accordance with the provisions of A.S.C.A. §§ 1.401 et seq.
As defendant is not a registered holder of the title Paulualo, and his use of the title is in violation of A.S.C.A § 1.0414, it is therefore ORDERED that Defendant Faleseu Mataiumu Siofaga, is hereby enjoined from further use of title, or holding himself out as, I'aulualo.
The process of registering matai titles involves the Territorial Registrar’s public posting of the claim for a period of 60 days. A.S.C.A. § 1.0406. If no objections are made within that 60 day period, the Registrar will register the title to the claimant. A.S.C.A. § 1.0407.
Our decision may appear harsh in that everyone concerned, including the family, is equally blameworthy in promoting the violation of the law and yet the defendant alone bears the consequences. Our concern in this matter
Case-law data current through December 31, 2025. Source: CourtListener bulk data.